The Borough of Far Hills municipal building is currently closed to the
public.  Staff will continue to be available to serve our residents and
community and we ask for your patience and cooperation during these
challenging times. 
Please utilize our Borough website, email and voicemail to contact the
appropriate department.  A secure drop box is located outside of the
municipal building for your convenience.  Kindly make arrangements with
the respective department for guidance on services that can not be
accomplished remotely. 
Be well and keep safe!
Very truly yours,
Dorothy S. Hicks, RMC
Borough Clerk

Dear Dean Villazor:

I received your OPRA request on October 19, 2020.  As such, the seven (7)
business day deadline to respond to your request is October 28, 2020. The
response is being provided to you on the 7th business day after receipt.

Your OPRA request sought access to the following:

I.      Policies, Regulations, Memorandum, Guidance, and Forms

1.      All records of policies, regulations, memorandum, guidance, or
forms that the Department has adopted related to the implementation of the
New Jersey Attorney General Gurbir Grewal’s Immigrant Trust Directive
2018-6 version 1 (issued on November 29, 2018)(Footnote 2 below)  and
version 2 (issued on March 15, 2019) (Footnote 3 below), herein both
versions referred to collectively as the “Directive.”
Date Range: November 29, 2018 to the present.

2.      All records of policies, procedures, protocols, directives,
general orders that the Department has adopted regarding providing any
form of assistance to, undertaking joint operations with, or forming joint
task forces with the Department of Homeland Security (“DHS”), U.S. Customs
and Border Protection (“CBP”), or Immigration and Customs Enforcement
(“ICE” (including ICE Homeland Security Investigations (“HSI”)). Examples
of such policies may pertain to how the Department

a.      books or releases federal criminal or immigration detainees;
transfers individuals into federal custody;
b.      provides DHS, CBP, ICE, and HSI access to department facilities,
Department computers, information technology networks, department
databases;
c.      provides immigration agencies use of Department offices, desk
space, or space where they can carry out their federal work;
d.      responds to federal requests for a notification of an inmate’s
release date, time, and place, as well as any personally identifying
information for the individual;
e.      detains individuals for the purpose of enforcing immigration law;
f.      acts upon DHS, CBP, ICE, and HSI administrative warrants;
g.      responds to federal immigration agency requests to interview
people in Department custody and provides access to these individuals to
carry out an interview;
h.      provides backup assistance including but not limited to traffic
control and perimeter security in the event of an immigration enforcement
action or emergency situation;
i.      provides booking rosters, intake rosters, or lists of detainees in
Department detention facilities;
j.      asks members of the public, witnesses, suspects, or those who have
been arrested about immigration status information;
k.      patrols U.S. national borders;
l.      processes requests for T- and U-visa certifications; or
m.      submits Immigrant Alien Queries (IAQs) to the ICE Law Enforcement
Support Center (“ICE-LESC”) and acts upon Immigrant Alien Responses (IARs)
from the ICE-LESC as part of the State Criminal Alien Assistance Program
(SCAAP)
Date Range: November 29, 2018 to the present. 

II.     Agreements, Contracts, or Memorandum of Understanding

3.      All agreements, contracts, or Memorandum of Understanding,
including any addendum or renewal document between DHS, ICE, ICE-HSI, or
CBP and the Department. Date Range: November 29, 2018 to the present

III.    Training Records

4.      All records that the Department has used to train its members
about the Directive, including training materials, manuals, memorandums,
and power point presentations. Date range: November 29, 2018 to the
present

5.      Any training logs records that the Department has created to track
the completion of training of its employees in the Directive or
Directive-related Department policies. Date range: November 29, 2018 to
the present

IV.     Incident Reports

6.      All incident reports related to the Department providing any form
of assistance to CBP or ICE, (including HSI) as described in request
number 2, participation in joint task forces, a 287g program, or any other
form of joint operation with CBP, or ICE (including HSI). Date Range:
November 29, 2018 to the present

7.      All incident reports related to incidents when  CBP or ICE,
(including HSI) arrested an individual on Department property immediately
after they were released from Department custody to the public. Date
Range: November 29, 2018 to the present

V.      Quantitative Data Reports Regarding Department Assistance to ICE
and CBP

8.      All records (including electronically stored information in a
database, written reports, statistics, memoranda or other data) that
provide the number of instances when the Department accommodated an ICE or
CBP request for the Department to  
a.      detain an individual
b.      transfer an individual to ICE or CBP custody
c.      notify ICE or CBP of the person’s release from Department custody
d.      provide backup assistance for an immigration enforcement action
e.      provide backup assistance for an emergency situation
f.      allow ICE or CBP to interview an individual in Department custody
g.      participate in a joint operation with ICE or CBP; or
h.      any other form of assistance to ICE or CBP
Date Range: November 29, 2017 to the present

9.      All reports, emails, and memorandum that explain the reason,
purpose, policy basis, or goal for which the Department accommodated ICE
or CBP requests for assistance outlined in request number 8. Date Range:
November 29, 2017 to the present

10.     All records (including electronically stored information in a
database, written reports, statistics, memoranda or other data), arrest
reports, CAD reports or similar records) that list
a.      the number of individuals arrested during joint operations with
DHS, ICE, or CBP;
b.      the criminal charges brought against each individual that was
arrested during joint operations with DHS, ICE, or CBP; or
c.      the number of individuals charged with civil immigration
violations during joint operations with DHS, ICE, or CBP.
Date Range: November 29, 2017 to the present

11.     All records (including electronically stored information in a
database, written reports, statistics, memoranda or other data), that list
the number of people that the Department released to the public and who
were immediately arrested by ICE or CBP on Department property. Date
Range: November 29, 2017 to the present

VI.     Detainee Movement Logs

12.     All records that include the “movement history” logs of
individuals in Department custody for whom an I-247 detainer, notification
request, or transfer request was lodged. This may include records logging
how individuals are moved through different Department divisions, wings,
areas, programs, or Department facilities (ie. Booking, housing). Date
Range: November 29, 2017 to the present

VII.    Communications Records

13.     All communications (herein, “communications” refers to emails,
texts, faxes, letters, social media posts) about implementing the
Directive in the Department, how the Department interacts with or assists
ICE and CBP, or making inmate release information available to the public
between Department Command Staff or Supervising Staff and the following
types of Department employees:
a.      Those who contribute to the development of department policy;
b.      Those who directly interact with the public;
c.      Those who directly interact with people in Department custody; and
d.      Those who directly interact with federal immigration agencies
Date Range: November, 29, 2018 to the present

14.     All communications about implementing the Directive in the
Department, how the Department interacts with ICE and CBP, or making
inmate release information available to the public between Department
Personnel and individuals in the following external agencies:
a.      ICE;
b.      CBP;
c.      The U.S. Department of Justice;
d.      The White House;
e.      The New Jersey Department of Justice;
f.      The Sheriffs Association of New Jersey; or
g.      The New Jersey State Association of Chiefs of Police
Date Range: November, 29, 2018 to the present

Your request requires additional time beyond the seven (7) business days
to fulfill due to the COVID-19 Pandemic. 

OPRA allows custodians to seek extensions of time pursuant to N.J.S.A.
47:1A-5.i.  Specifically, OPRA states that, “the requestor shall be
advised by the custodian when the record can be made available. If the
record is not made available by that time, access shall be deemed
denied.” 

Your OPRA request requires an extension of time until November 13, 2020. 

If your request for access to a government record has been denied or
unfilled within the seven (7) business days required by law, or as
modified per A-3849/S-2302, you have a right to challenge the decision by
the Borough of Far Hills to deny access. At your option, you may either
institute a proceeding in the Superior Court of New Jersey or file a
complaint with the Government Records Council (GRC) by completing the
Denial of Access Complaint Form.  You may contact the GRC by toll-free
telephone at 866-850-0511, by mail at P.O. Box 819, Trenton, NJ, 08625, by
e-mail at [1][email address], or at their web site
at [2]www.state.nj.us/grc. The GRC can also answer other questions about
the law.  All questions regarding complaints filed in Superior Court
should be directed to the Court Clerk in your County.

Respectfully,

Samantha D’Antuono, CMR

Deputy Borough Clerk, Board of Health Secretary

M-F 9:30am-2:30pm

[3][email address] | [4]www.farhillsnj.org

908-234-0611 x.27  t |908-234-0918 f

Borough of Far Hills |6 Prospect Street |Far Hills, NJ 07931

From: Rose Cuison-Villazor
<[5][OPRA #17866 email]>
Sent: Sunday, October 18, 2020 9:26 PM
To: Dorothy Hicks <[6][Far Hills Borough request email]>
Subject: OPRA request - Open Public Records Act and Common Law Request
Regarding Implementation of the New Jersey Attorney General Immigrant
Trust Directive 2018-6

S.I. Newhouse Center for Law and Justice
Rutgers, The State University of New Jersey
123 Washington Street
Newark, New Jersey  07102-3094
Phone: (973) 353-3159

October 18, 2020

RE: Open Public Records Act and Common Law Request Regarding
Implementation of the New Jersey Attorney General Immigrant Trust
Directive 2018-6

Dear Records Custodian,

Pursuant to the New Jersey Open Public Records Act (OPRA –
N.J.S.A.47:1A-1, et seq.) and common law right of access, we write seeking
to obtain records related to how your Department  (herein referred to as
“the Department”)  has implemented the New Jersey Attorney General Gurbir
Grewal’s Immigrant Trust Directive 2018-6 and how this agency works with
federal immigration enforcement officials.  We ask that you please direct
this request to all appropriate offices, departments, and records
custodians within the Department that may supply any of the records sought
through this request.

A.      Our Common Law Interest
The Immigrant Trust Directive intends to curtail state and local
participation in federal immigration enforcement, ensure effective
policing, and foster relationships between law enforcement agencies and
immigrant communities.  As part of a scholarly research project, we, the
requestors, seek these documents in order to assess the degree to which
the Department is committed to implementing the directive and is in
compliance with public records request laws.

We the requesters are Dean Rose Cuison-Villazor and Dr. Peter Mancina.
Dean Cuison-Villazor is Vice Dean, Professor of Law, and Chancellor’s
Social Justice Scholar of the Rutgers Law School and Director of the
Center for Immigration Law, Policy, and Justice. She has written and
published extensively about non-cooperation policies or “sanctuary”
policies, which have been published in the Columbia Law Review, Minnesota
Law Review, Washington University Law Review, and UC Davis Law Review. 
Dean Cuison-Villazor is also Director of the Center for Immigration Law,
Policy and Justice (CILPJ), which engages in interdisciplinary
scholarship, research, and advocacy focused on exploring more inclusive
immigration and citizenship laws.

Dr. Peter Mancina is Visiting Scholar in the Center for Immigration Law,
Policy, and Justice at Rutgers Law School, Researcher in the Department of
Social Anthropology at Stockholm University, and Research Associate in the
University of Oxford Centre for Criminology and Border Criminologies
Program. Dr. Mancina has examined the historical development of sanctuary
policy in the United States and police compliance with “sanctuary” laws at
the local, county, and state levels. He is author of the 2019 policy
implementation report Turning the Golden State into a Sanctuary State: A
Report on the Impact and Implementation of the California Values Act
(SB54).

We greatly appreciate your assistance in providing us the following
documents.

B. Requested Records (Footnote 1 below)

I.      Policies, Regulations, Memorandum, Guidance, and Forms

1.      All records of policies, regulations, memorandum, guidance, or
forms that the Department has adopted related to the implementation of the
New Jersey Attorney General Gurbir Grewal’s Immigrant Trust Directive
2018-6 version 1 (issued on November 29, 2018)(Footnote 2 below)  and
version 2 (issued on March 15, 2019) (Footnote 3 below), herein both
versions referred to collectively as the “Directive.”
Date Range: November 29, 2018 to the present.

2.      All records of policies, procedures, protocols, directives,
general orders that the Department has adopted regarding providing any
form of assistance to, undertaking joint operations with, or forming joint
task forces with the Department of Homeland Security (“DHS”), U.S. Customs
and Border Protection (“CBP”), or Immigration and Customs Enforcement
(“ICE” (including ICE Homeland Security Investigations (“HSI”)). Examples
of such policies may pertain to how the Department

a.      books or releases federal criminal or immigration detainees;
transfers individuals into federal custody;
b.      provides DHS, CBP, ICE, and HSI access to department facilities,
Department computers, information technology networks, department
databases;
c.      provides immigration agencies use of Department offices, desk
space, or space where they can carry out their federal work;
d.      responds to federal requests for a notification of an inmate’s
release date, time, and place, as well as any personally identifying
information for the individual;
e.      detains individuals for the purpose of enforcing immigration law;
f.      acts upon DHS, CBP, ICE, and HSI administrative warrants;
g.      responds to federal immigration agency requests to interview
people in Department custody and provides access to these individuals to
carry out an interview;
h.      provides backup assistance including but not limited to traffic
control and perimeter security in the event of an immigration enforcement
action or emergency situation;
i.      provides booking rosters, intake rosters, or lists of detainees in
Department detention facilities;
j.      asks members of the public, witnesses, suspects, or those who have
been arrested about immigration status information;
k.      patrols U.S. national borders;
l.      processes requests for T- and U-visa certifications; or
m.      submits Immigrant Alien Queries (IAQs) to the ICE Law Enforcement
Support Center (“ICE-LESC”) and acts upon Immigrant Alien Responses (IARs)
from the ICE-LESC as part of the State Criminal Alien Assistance Program
(SCAAP)
Date Range: November 29, 2018 to the present. 

II.     Agreements, Contracts, or Memorandum of Understanding

3.      All agreements, contracts, or Memorandum of Understanding,
including any addendum or renewal document between DHS, ICE, ICE-HSI, or
CBP and the Department. Date Range: November 29, 2018 to the present

III.    Training Records

4.      All records that the Department has used to train its members
about the Directive, including training materials, manuals, memorandums,
and power point presentations. Date range: November 29, 2018 to the
present

5.      Any training logs records that the Department has created to track
the completion of training of its employees in the Directive or
Directive-related Department policies. Date range: November 29, 2018 to
the present

IV.     Incident Reports

6.      All incident reports related to the Department providing any form
of assistance to CBP or ICE, (including HSI) as described in request
number 2, participation in joint task forces, a 287g program, or any other
form of joint operation with CBP, or ICE (including HSI). Date Range:
November 29, 2018 to the present

7.      All incident reports related to incidents when  CBP or ICE,
(including HSI) arrested an individual on Department property immediately
after they were released from Department custody to the public. Date
Range: November 29, 2018 to the present

V.      Quantitative Data Reports Regarding Department Assistance to ICE
and CBP

8.      All records (including electronically stored information in a
database, written reports, statistics, memoranda or other data) that
provide the number of instances when the Department accommodated an ICE or
CBP request for the Department to  
a.      detain an individual
b.      transfer an individual to ICE or CBP custody
c.      notify ICE or CBP of the person’s release from Department custody
d.      provide backup assistance for an immigration enforcement action
e.      provide backup assistance for an emergency situation
f.      allow ICE or CBP to interview an individual in Department custody
g.      participate in a joint operation with ICE or CBP; or
h.      any other form of assistance to ICE or CBP
Date Range: November 29, 2017 to the present

9.      All reports, emails, and memorandum that explain the reason,
purpose, policy basis, or goal for which the Department accommodated ICE
or CBP requests for assistance outlined in request number 8. Date Range:
November 29, 2017 to the present

10.     All records (including electronically stored information in a
database, written reports, statistics, memoranda or other data), arrest
reports, CAD reports or similar records) that list
a.      the number of individuals arrested during joint operations with
DHS, ICE, or CBP;
b.      the criminal charges brought against each individual that was
arrested during joint operations with DHS, ICE, or CBP; or
c.      the number of individuals charged with civil immigration
violations during joint operations with DHS, ICE, or CBP.
Date Range: November 29, 2017 to the present

11.     All records (including electronically stored information in a
database, written reports, statistics, memoranda or other data), that list
the number of people that the Department released to the public and who
were immediately arrested by ICE or CBP on Department property. Date
Range: November 29, 2017 to the present

VI.     Detainee Movement Logs

12.     All records that include the “movement history” logs of
individuals in Department custody for whom an I-247 detainer, notification
request, or transfer request was lodged. This may include records logging
how individuals are moved through different Department divisions, wings,
areas, programs, or Department facilities (ie. Booking, housing). Date
Range: November 29, 2017 to the present

VII.    Communications Records

13.     All communications (herein, “communications” refers to emails,
texts, faxes, letters, social media posts) about implementing the
Directive in the Department, how the Department interacts with or assists
ICE and CBP, or making inmate release information available to the public
between Department Command Staff or Supervising Staff and the following
types of Department employees:
a.      Those who contribute to the development of department policy;
b.      Those who directly interact with the public;
c.      Those who directly interact with people in Department custody; and
d.      Those who directly interact with federal immigration agencies
Date Range: November, 29, 2018 to the present

14.     All communications about implementing the Directive in the
Department, how the Department interacts with ICE and CBP, or making
inmate release information available to the public between Department
Personnel and individuals in the following external agencies:
a.      ICE;
b.      CBP;
c.      The U.S. Department of Justice;
d.      The White House;
e.      The New Jersey Department of Justice;
f.      The Sheriffs Association of New Jersey; or
g.      The New Jersey State Association of Chiefs of Police
Date Range: November, 29, 2018 to the present
We request that all responsive records be sent as electronic files via
email to [7][email address]. If the Department cannot
provide responsive documents to certain requests above, please indicate
the number of the request and the reason for the denial.

As N.J.S.A. 47:1A-5(i) provides that public agencies respond to OPRA
records requests within 7 days, I look forward to hearing from you within
this time.
Thank you in advance and we look forward to your response.
Sincerely,

Dean Rose Cuison-Villazor                              
Vice Dean, Professor of Law and Chancellor’s Social Justice
Scholar                    
Director, Center for Immigration Law, Policy and
Justice                                               
Rutgers Law School
123 Washington Street
Newark, NJ 07102
Phone number: (973) 353-3159
Email: [8][email address]

Dr. Peter Mancina
Visiting Scholar, Center for Immigration Law, Policy and Justice
Rutgers Law School
123 Washington Street
Newark, NJ 07102
Phone number: (415)-226-8714
Email: [9][email address]

Footnotes
FN1: The term “records” as used herein means records as broadly defined by
N.J.S.A.47:1A-1.1 and includes, “any paper, written or printed book,
document, drawing, map, plan, photograph, microfilm, data processed or
image processed document, information stored or maintained electronically
or by sound-recording or in a similar device, or any copy thereof, that
has been made, maintained or kept on file in the course of his or its
official business by any officer, commission, agency or authority of the
State or of any political subdivision thereof, including subordinate
boards thereof, or that has been received in the course of his or its
official business by any such officer, commission, agency, or authority of
the State or of any political subdivision thereof, including subordinate
boards thereof. The terms shall not include inter-agency or intra-agency
advisory, consultative, or deliberative material.” “Records” that we are
interested in obtaining are those that not only are stored in government
office locations, on government servers, or on government computers and
devices but also in private locations and storage facilities, on private
servers, on private computers and devices, in private email accounts, and
in public and private social media accounts.

FN2: Version 1:
[10]https://web.archive.org/web/201905020003...

FN3: Version 2:
[11]https://www.nj.gov/oag/dcj/agguide/direc...

-------------------------------------------------------------------

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[12][OPRA #17866 email]

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Hills Borough? If so, please contact us using this form:
[14]https://opramachine.com/change_request/n...

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the internet. Our privacy and copyright policies:
[15]https://opramachine.com/help/officers

View this OPRA request & responses online:
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References

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Dear Dean Villazor:

Your OPRA request sought access to the following:

I.      Policies, Regulations, Memorandum, Guidance, and Forms

1.      All records of policies, regulations, memorandum, guidance, or
forms that the Department has adopted related to the implementation of the
New Jersey Attorney General Gurbir Grewal’s Immigrant Trust Directive
2018-6 version 1 (issued on November 29, 2018)(Footnote 2 below)  and
version 2 (issued on March 15, 2019) (Footnote 3 below), herein both
versions referred to collectively as the “Directive.”
Date Range: November 29, 2018 to the present.

2.      All records of policies, procedures, protocols, directives,
general orders that the Department has adopted regarding providing any
form of assistance to, undertaking joint operations with, or forming joint
task forces with the Department of Homeland Security (“DHS”), U.S. Customs
and Border Protection (“CBP”), or Immigration and Customs Enforcement
(“ICE” (including ICE Homeland Security Investigations (“HSI”)). Examples
of such policies may pertain to how the Department

a.      books or releases federal criminal or immigration detainees;
transfers individuals into federal custody;
b.      provides DHS, CBP, ICE, and HSI access to department facilities,
Department computers, information technology networks, department
databases;
c.      provides immigration agencies use of Department offices, desk
space, or space where they can carry out their federal work;
d.      responds to federal requests for a notification of an inmate’s
release date, time, and place, as well as any personally identifying
information for the individual;
e.      detains individuals for the purpose of enforcing immigration law;
f.      acts upon DHS, CBP, ICE, and HSI administrative warrants;
g.      responds to federal immigration agency requests to interview
people in Department custody and provides access to these individuals to
carry out an interview;
h.      provides backup assistance including but not limited to traffic
control and perimeter security in the event of an immigration enforcement
action or emergency situation;
i.      provides booking rosters, intake rosters, or lists of detainees in
Department detention facilities;
j.      asks members of the public, witnesses, suspects, or those who have
been arrested about immigration status information;
k.      patrols U.S. national borders;
l.      processes requests for T- and U-visa certifications; or
m.      submits Immigrant Alien Queries (IAQs) to the ICE Law Enforcement
Support Center (“ICE-LESC”) and acts upon Immigrant Alien Responses (IARs)
from the ICE-LESC as part of the State Criminal Alien Assistance Program
(SCAAP)
Date Range: November 29, 2018 to the present. 

II.     Agreements, Contracts, or Memorandum of Understanding

3.      All agreements, contracts, or Memorandum of Understanding,
including any addendum or renewal document between DHS, ICE, ICE-HSI, or
CBP and the Department. Date Range: November 29, 2018 to the present

III.    Training Records

4.      All records that the Department has used to train its members
about the Directive, including training materials, manuals, memorandums,
and power point presentations. Date range: November 29, 2018 to the
present

5.      Any training logs records that the Department has created to track
the completion of training of its employees in the Directive or
Directive-related Department policies. Date range: November 29, 2018 to
the present

IV.     Incident Reports

6.      All incident reports related to the Department providing any form
of assistance to CBP or ICE, (including HSI) as described in request
number 2, participation in joint task forces, a 287g program, or any other
form of joint operation with CBP, or ICE (including HSI). Date Range:
November 29, 2018 to the present

7.      All incident reports related to incidents when  CBP or ICE,
(including HSI) arrested an individual on Department property immediately
after they were released from Department custody to the public. Date
Range: November 29, 2018 to the present

V.      Quantitative Data Reports Regarding Department Assistance to ICE
and CBP

8.      All records (including electronically stored information in a
database, written reports, statistics, memoranda or other data) that
provide the number of instances when the Department accommodated an ICE or
CBP request for the Department to  
a.      detain an individual
b.      transfer an individual to ICE or CBP custody
c.      notify ICE or CBP of the person’s release from Department custody
d.      provide backup assistance for an immigration enforcement action
e.      provide backup assistance for an emergency situation
f.      allow ICE or CBP to interview an individual in Department custody
g.      participate in a joint operation with ICE or CBP; or
h.      any other form of assistance to ICE or CBP
Date Range: November 29, 2017 to the present

9.      All reports, emails, and memorandum that explain the reason,
purpose, policy basis, or goal for which the Department accommodated ICE
or CBP requests for assistance outlined in request number 8. Date Range:
November 29, 2017 to the present

10.     All records (including electronically stored information in a
database, written reports, statistics, memoranda or other data), arrest
reports, CAD reports or similar records) that list
a.      the number of individuals arrested during joint operations with
DHS, ICE, or CBP;
b.      the criminal charges brought against each individual that was
arrested during joint operations with DHS, ICE, or CBP; or
c.      the number of individuals charged with civil immigration
violations during joint operations with DHS, ICE, or CBP.
Date Range: November 29, 2017 to the present

11.     All records (including electronically stored information in a
database, written reports, statistics, memoranda or other data), that list
the number of people that the Department released to the public and who
were immediately arrested by ICE or CBP on Department property. Date
Range: November 29, 2017 to the present

VI.     Detainee Movement Logs

12.     All records that include the “movement history” logs of
individuals in Department custody for whom an I-247 detainer, notification
request, or transfer request was lodged. This may include records logging
how individuals are moved through different Department divisions, wings,
areas, programs, or Department facilities (ie. Booking, housing). Date
Range: November 29, 2017 to the present

VII.    Communications Records

13.     All communications (herein, “communications” refers to emails,
texts, faxes, letters, social media posts) about implementing the
Directive in the Department, how the Department interacts with or assists
ICE and CBP, or making inmate release information available to the public
between Department Command Staff or Supervising Staff and the following
types of Department employees:
a.      Those who contribute to the development of department policy;
b.      Those who directly interact with the public;
c.      Those who directly interact with people in Department custody; and
d.      Those who directly interact with federal immigration agencies
Date Range: November, 29, 2018 to the present

14.     All communications about implementing the Directive in the
Department, how the Department interacts with ICE and CBP, or making
inmate release information available to the public between Department
Personnel and individuals in the following external agencies:
a.      ICE;
b.      CBP;
c.      The U.S. Department of Justice;
d.      The White House;
e.      The New Jersey Department of Justice;
f.      The Sheriffs Association of New Jersey; or
g.      The New Jersey State Association of Chiefs of Police
Date Range: November, 29, 2018 to the present

Your request requires an additional extension beyond the seven (7)
business days to fulfill due to the COVID-19 Pandemic. 

OPRA allows custodians to seek extensions of time pursuant to N.J.S.A.
47:1A-5.i.  Specifically, OPRA states that, “the requestor shall be
advised by the custodian when the record can be made available. If the
record is not made available by that time, access shall be deemed
denied.” 

Your OPRA request requires an extension of time until November 20, 2020. 

If your request for access to a government record has been denied or
unfilled within the seven (7) business days required by law, or as
modified per A-3849/S-2302, you have a right to challenge the decision by
the Borough of Far Hills to deny access. At your option, you may either
institute a proceeding in the Superior Court of New Jersey or file a
complaint with the Government Records Council (GRC) by completing the
Denial of Access Complaint Form.  You may contact the GRC by toll-free
telephone at 866-850-0511, by mail at P.O. Box 819, Trenton, NJ, 08625, by
e-mail at [1][email address], or at their web site
at [2]www.state.nj.us/grc. The GRC can also answer other questions about
the law.  All questions regarding complaints filed in Superior Court
should be directed to the Court Clerk in your County.

Respectfully,

Samantha D’Antuono, CMR

Deputy Borough Clerk, Board of Health Secretary

M-F 9:30am-2:30pm

[3][email address] | [4]www.farhillsnj.org

908-234-0611 x.27  t |908-234-0918 f

Borough of Far Hills |6 Prospect Street |Far Hills, NJ 07931

From: Samantha D'Antuono
Sent: Wednesday, October 28, 2020 11:35 AM
To: [OPRA #17866 email]
Cc: Dorothy Hicks <[Far Hills Borough request email]>
Subject: FW: OPRA request - Open Public Records Act and Common Law Request
Regarding Implementation of the New Jersey Attorney General Immigrant
Trust Directive 2018-6

Dear Dean Villazor:

I received your OPRA request on October 19, 2020.  As such, the seven (7)
business day deadline to respond to your request is October 28, 2020. The
response is being provided to you on the 7th business day after receipt.

Your OPRA request sought access to the following:

I.      Policies, Regulations, Memorandum, Guidance, and Forms

1.      All records of policies, regulations, memorandum, guidance, or
forms that the Department has adopted related to the implementation of the
New Jersey Attorney General Gurbir Grewal’s Immigrant Trust Directive
2018-6 version 1 (issued on November 29, 2018)(Footnote 2 below)  and
version 2 (issued on March 15, 2019) (Footnote 3 below), herein both
versions referred to collectively as the “Directive.”
Date Range: November 29, 2018 to the present.

2.      All records of policies, procedures, protocols, directives,
general orders that the Department has adopted regarding providing any
form of assistance to, undertaking joint operations with, or forming joint
task forces with the Department of Homeland Security (“DHS”), U.S. Customs
and Border Protection (“CBP”), or Immigration and Customs Enforcement
(“ICE” (including ICE Homeland Security Investigations (“HSI”)). Examples
of such policies may pertain to how the Department

a.      books or releases federal criminal or immigration detainees;
transfers individuals into federal custody;
b.      provides DHS, CBP, ICE, and HSI access to department facilities,
Department computers, information technology networks, department
databases;
c.      provides immigration agencies use of Department offices, desk
space, or space where they can carry out their federal work;
d.      responds to federal requests for a notification of an inmate’s
release date, time, and place, as well as any personally identifying
information for the individual;
e.      detains individuals for the purpose of enforcing immigration law;
f.      acts upon DHS, CBP, ICE, and HSI administrative warrants;
g.      responds to federal immigration agency requests to interview
people in Department custody and provides access to these individuals to
carry out an interview;
h.      provides backup assistance including but not limited to traffic
control and perimeter security in the event of an immigration enforcement
action or emergency situation;
i.      provides booking rosters, intake rosters, or lists of detainees in
Department detention facilities;
j.      asks members of the public, witnesses, suspects, or those who have
been arrested about immigration status information;
k.      patrols U.S. national borders;
l.      processes requests for T- and U-visa certifications; or
m.      submits Immigrant Alien Queries (IAQs) to the ICE Law Enforcement
Support Center (“ICE-LESC”) and acts upon Immigrant Alien Responses (IARs)
from the ICE-LESC as part of the State Criminal Alien Assistance Program
(SCAAP)
Date Range: November 29, 2018 to the present. 

II.     Agreements, Contracts, or Memorandum of Understanding

3.      All agreements, contracts, or Memorandum of Understanding,
including any addendum or renewal document between DHS, ICE, ICE-HSI, or
CBP and the Department. Date Range: November 29, 2018 to the present

III.    Training Records

4.      All records that the Department has used to train its members
about the Directive, including training materials, manuals, memorandums,
and power point presentations. Date range: November 29, 2018 to the
present

5.      Any training logs records that the Department has created to track
the completion of training of its employees in the Directive or
Directive-related Department policies. Date range: November 29, 2018 to
the present

IV.     Incident Reports

6.      All incident reports related to the Department providing any form
of assistance to CBP or ICE, (including HSI) as described in request
number 2, participation in joint task forces, a 287g program, or any other
form of joint operation with CBP, or ICE (including HSI). Date Range:
November 29, 2018 to the present

7.      All incident reports related to incidents when  CBP or ICE,
(including HSI) arrested an individual on Department property immediately
after they were released from Department custody to the public. Date
Range: November 29, 2018 to the present

V.      Quantitative Data Reports Regarding Department Assistance to ICE
and CBP

8.      All records (including electronically stored information in a
database, written reports, statistics, memoranda or other data) that
provide the number of instances when the Department accommodated an ICE or
CBP request for the Department to  
a.      detain an individual
b.      transfer an individual to ICE or CBP custody
c.      notify ICE or CBP of the person’s release from Department custody
d.      provide backup assistance for an immigration enforcement action
e.      provide backup assistance for an emergency situation
f.      allow ICE or CBP to interview an individual in Department custody
g.      participate in a joint operation with ICE or CBP; or
h.      any other form of assistance to ICE or CBP
Date Range: November 29, 2017 to the present

9.      All reports, emails, and memorandum that explain the reason,
purpose, policy basis, or goal for which the Department accommodated ICE
or CBP requests for assistance outlined in request number 8. Date Range:
November 29, 2017 to the present

10.     All records (including electronically stored information in a
database, written reports, statistics, memoranda or other data), arrest
reports, CAD reports or similar records) that list
a.      the number of individuals arrested during joint operations with
DHS, ICE, or CBP;
b.      the criminal charges brought against each individual that was
arrested during joint operations with DHS, ICE, or CBP; or
c.      the number of individuals charged with civil immigration
violations during joint operations with DHS, ICE, or CBP.
Date Range: November 29, 2017 to the present

11.     All records (including electronically stored information in a
database, written reports, statistics, memoranda or other data), that list
the number of people that the Department released to the public and who
were immediately arrested by ICE or CBP on Department property. Date
Range: November 29, 2017 to the present

VI.     Detainee Movement Logs

12.     All records that include the “movement history” logs of
individuals in Department custody for whom an I-247 detainer, notification
request, or transfer request was lodged. This may include records logging
how individuals are moved through different Department divisions, wings,
areas, programs, or Department facilities (ie. Booking, housing). Date
Range: November 29, 2017 to the present

VII.    Communications Records

13.     All communications (herein, “communications” refers to emails,
texts, faxes, letters, social media posts) about implementing the
Directive in the Department, how the Department interacts with or assists
ICE and CBP, or making inmate release information available to the public
between Department Command Staff or Supervising Staff and the following
types of Department employees:
a.      Those who contribute to the development of department policy;
b.      Those who directly interact with the public;
c.      Those who directly interact with people in Department custody; and
d.      Those who directly interact with federal immigration agencies
Date Range: November, 29, 2018 to the present

14.     All communications about implementing the Directive in the
Department, how the Department interacts with ICE and CBP, or making
inmate release information available to the public between Department
Personnel and individuals in the following external agencies:
a.      ICE;
b.      CBP;
c.      The U.S. Department of Justice;
d.      The White House;
e.      The New Jersey Department of Justice;
f.      The Sheriffs Association of New Jersey; or
g.      The New Jersey State Association of Chiefs of Police
Date Range: November, 29, 2018 to the present

Your request requires additional time beyond the seven (7) business days
to fulfill due to the COVID-19 Pandemic. 

OPRA allows custodians to seek extensions of time pursuant to N.J.S.A.
47:1A-5.i.  Specifically, OPRA states that, “the requestor shall be
advised by the custodian when the record can be made available. If the
record is not made available by that time, access shall be deemed
denied.” 

Your OPRA request requires an extension of time until November 13, 2020. 

If your request for access to a government record has been denied or
unfilled within the seven (7) business days required by law, or as
modified per A-3849/S-2302, you have a right to challenge the decision by
the Borough of Far Hills to deny access. At your option, you may either
institute a proceeding in the Superior Court of New Jersey or file a
complaint with the Government Records Council (GRC) by completing the
Denial of Access Complaint Form.  You may contact the GRC by toll-free
telephone at 866-850-0511, by mail at P.O. Box 819, Trenton, NJ, 08625, by
e-mail at [5][email address], or at their web site
at [6]www.state.nj.us/grc. The GRC can also answer other questions about
the law.  All questions regarding complaints filed in Superior Court
should be directed to the Court Clerk in your County.

Respectfully,

Samantha D’Antuono, CMR

Deputy Borough Clerk, Board of Health Secretary

M-F 9:30am-2:30pm

[7][email address] | [8]www.farhillsnj.org

908-234-0611 x.27  t |908-234-0918 f

Borough of Far Hills |6 Prospect Street |Far Hills, NJ 07931

From: Rose Cuison-Villazor
<[9][OPRA #17866 email]>
Sent: Sunday, October 18, 2020 9:26 PM
To: Dorothy Hicks <[10][Far Hills Borough request email]>
Subject: OPRA request - Open Public Records Act and Common Law Request
Regarding Implementation of the New Jersey Attorney General Immigrant
Trust Directive 2018-6

S.I. Newhouse Center for Law and Justice
Rutgers, The State University of New Jersey
123 Washington Street
Newark, New Jersey  07102-3094
Phone: (973) 353-3159

October 18, 2020

RE: Open Public Records Act and Common Law Request Regarding
Implementation of the New Jersey Attorney General Immigrant Trust
Directive 2018-6

Dear Records Custodian,

Pursuant to the New Jersey Open Public Records Act (OPRA –
N.J.S.A.47:1A-1, et seq.) and common law right of access, we write seeking
to obtain records related to how your Department  (herein referred to as
“the Department”)  has implemented the New Jersey Attorney General Gurbir
Grewal’s Immigrant Trust Directive 2018-6 and how this agency works with
federal immigration enforcement officials.  We ask that you please direct
this request to all appropriate offices, departments, and records
custodians within the Department that may supply any of the records sought
through this request.

A.      Our Common Law Interest
The Immigrant Trust Directive intends to curtail state and local
participation in federal immigration enforcement, ensure effective
policing, and foster relationships between law enforcement agencies and
immigrant communities.  As part of a scholarly research project, we, the
requestors, seek these documents in order to assess the degree to which
the Department is committed to implementing the directive and is in
compliance with public records request laws.

We the requesters are Dean Rose Cuison-Villazor and Dr. Peter Mancina.
Dean Cuison-Villazor is Vice Dean, Professor of Law, and Chancellor’s
Social Justice Scholar of the Rutgers Law School and Director of the
Center for Immigration Law, Policy, and Justice. She has written and
published extensively about non-cooperation policies or “sanctuary”
policies, which have been published in the Columbia Law Review, Minnesota
Law Review, Washington University Law Review, and UC Davis Law Review. 
Dean Cuison-Villazor is also Director of the Center for Immigration Law,
Policy and Justice (CILPJ), which engages in interdisciplinary
scholarship, research, and advocacy focused on exploring more inclusive
immigration and citizenship laws.

Dr. Peter Mancina is Visiting Scholar in the Center for Immigration Law,
Policy, and Justice at Rutgers Law School, Researcher in the Department of
Social Anthropology at Stockholm University, and Research Associate in the
University of Oxford Centre for Criminology and Border Criminologies
Program. Dr. Mancina has examined the historical development of sanctuary
policy in the United States and police compliance with “sanctuary” laws at
the local, county, and state levels. He is author of the 2019 policy
implementation report Turning the Golden State into a Sanctuary State: A
Report on the Impact and Implementation of the California Values Act
(SB54).

We greatly appreciate your assistance in providing us the following
documents.

B. Requested Records (Footnote 1 below)

I.      Policies, Regulations, Memorandum, Guidance, and Forms

1.      All records of policies, regulations, memorandum, guidance, or
forms that the Department has adopted related to the implementation of the
New Jersey Attorney General Gurbir Grewal’s Immigrant Trust Directive
2018-6 version 1 (issued on November 29, 2018)(Footnote 2 below)  and
version 2 (issued on March 15, 2019) (Footnote 3 below), herein both
versions referred to collectively as the “Directive.”
Date Range: November 29, 2018 to the present.

2.      All records of policies, procedures, protocols, directives,
general orders that the Department has adopted regarding providing any
form of assistance to, undertaking joint operations with, or forming joint
task forces with the Department of Homeland Security (“DHS”), U.S. Customs
and Border Protection (“CBP”), or Immigration and Customs Enforcement
(“ICE” (including ICE Homeland Security Investigations (“HSI”)). Examples
of such policies may pertain to how the Department

a.      books or releases federal criminal or immigration detainees;
transfers individuals into federal custody;
b.      provides DHS, CBP, ICE, and HSI access to department facilities,
Department computers, information technology networks, department
databases;
c.      provides immigration agencies use of Department offices, desk
space, or space where they can carry out their federal work;
d.      responds to federal requests for a notification of an inmate’s
release date, time, and place, as well as any personally identifying
information for the individual;
e.      detains individuals for the purpose of enforcing immigration law;
f.      acts upon DHS, CBP, ICE, and HSI administrative warrants;
g.      responds to federal immigration agency requests to interview
people in Department custody and provides access to these individuals to
carry out an interview;
h.      provides backup assistance including but not limited to traffic
control and perimeter security in the event of an immigration enforcement
action or emergency situation;
i.      provides booking rosters, intake rosters, or lists of detainees in
Department detention facilities;
j.      asks members of the public, witnesses, suspects, or those who have
been arrested about immigration status information;
k.      patrols U.S. national borders;
l.      processes requests for T- and U-visa certifications; or
m.      submits Immigrant Alien Queries (IAQs) to the ICE Law Enforcement
Support Center (“ICE-LESC”) and acts upon Immigrant Alien Responses (IARs)
from the ICE-LESC as part of the State Criminal Alien Assistance Program
(SCAAP)
Date Range: November 29, 2018 to the present. 

II.     Agreements, Contracts, or Memorandum of Understanding

3.      All agreements, contracts, or Memorandum of Understanding,
including any addendum or renewal document between DHS, ICE, ICE-HSI, or
CBP and the Department. Date Range: November 29, 2018 to the present

III.    Training Records

4.      All records that the Department has used to train its members
about the Directive, including training materials, manuals, memorandums,
and power point presentations. Date range: November 29, 2018 to the
present

5.      Any training logs records that the Department has created to track
the completion of training of its employees in the Directive or
Directive-related Department policies. Date range: November 29, 2018 to
the present

IV.     Incident Reports

6.      All incident reports related to the Department providing any form
of assistance to CBP or ICE, (including HSI) as described in request
number 2, participation in joint task forces, a 287g program, or any other
form of joint operation with CBP, or ICE (including HSI). Date Range:
November 29, 2018 to the present

7.      All incident reports related to incidents when  CBP or ICE,
(including HSI) arrested an individual on Department property immediately
after they were released from Department custody to the public. Date
Range: November 29, 2018 to the present

V.      Quantitative Data Reports Regarding Department Assistance to ICE
and CBP

8.      All records (including electronically stored information in a
database, written reports, statistics, memoranda or other data) that
provide the number of instances when the Department accommodated an ICE or
CBP request for the Department to  
a.      detain an individual
b.      transfer an individual to ICE or CBP custody
c.      notify ICE or CBP of the person’s release from Department custody
d.      provide backup assistance for an immigration enforcement action
e.      provide backup assistance for an emergency situation
f.      allow ICE or CBP to interview an individual in Department custody
g.      participate in a joint operation with ICE or CBP; or
h.      any other form of assistance to ICE or CBP
Date Range: November 29, 2017 to the present

9.      All reports, emails, and memorandum that explain the reason,
purpose, policy basis, or goal for which the Department accommodated ICE
or CBP requests for assistance outlined in request number 8. Date Range:
November 29, 2017 to the present

10.     All records (including electronically stored information in a
database, written reports, statistics, memoranda or other data), arrest
reports, CAD reports or similar records) that list
a.      the number of individuals arrested during joint operations with
DHS, ICE, or CBP;
b.      the criminal charges brought against each individual that was
arrested during joint operations with DHS, ICE, or CBP; or
c.      the number of individuals charged with civil immigration
violations during joint operations with DHS, ICE, or CBP.
Date Range: November 29, 2017 to the present

11.     All records (including electronically stored information in a
database, written reports, statistics, memoranda or other data), that list
the number of people that the Department released to the public and who
were immediately arrested by ICE or CBP on Department property. Date
Range: November 29, 2017 to the present

VI.     Detainee Movement Logs

12.     All records that include the “movement history” logs of
individuals in Department custody for whom an I-247 detainer, notification
request, or transfer request was lodged. This may include records logging
how individuals are moved through different Department divisions, wings,
areas, programs, or Department facilities (ie. Booking, housing). Date
Range: November 29, 2017 to the present

VII.    Communications Records

13.     All communications (herein, “communications” refers to emails,
texts, faxes, letters, social media posts) about implementing the
Directive in the Department, how the Department interacts with or assists
ICE and CBP, or making inmate release information available to the public
between Department Command Staff or Supervising Staff and the following
types of Department employees:
a.      Those who contribute to the development of department policy;
b.      Those who directly interact with the public;
c.      Those who directly interact with people in Department custody; and
d.      Those who directly interact with federal immigration agencies
Date Range: November, 29, 2018 to the present

14.     All communications about implementing the Directive in the
Department, how the Department interacts with ICE and CBP, or making
inmate release information available to the public between Department
Personnel and individuals in the following external agencies:
a.      ICE;
b.      CBP;
c.      The U.S. Department of Justice;
d.      The White House;
e.      The New Jersey Department of Justice;
f.      The Sheriffs Association of New Jersey; or
g.      The New Jersey State Association of Chiefs of Police
Date Range: November, 29, 2018 to the present
We request that all responsive records be sent as electronic files via
email to [11][email address]. If the Department cannot
provide responsive documents to certain requests above, please indicate
the number of the request and the reason for the denial.

As N.J.S.A. 47:1A-5(i) provides that public agencies respond to OPRA
records requests within 7 days, I look forward to hearing from you within
this time.
Thank you in advance and we look forward to your response.
Sincerely,

Dean Rose Cuison-Villazor                              
Vice Dean, Professor of Law and Chancellor’s Social Justice
Scholar                    
Director, Center for Immigration Law, Policy and
Justice                                               
Rutgers Law School
123 Washington Street
Newark, NJ 07102
Phone number: (973) 353-3159
Email: [12][email address]

Dr. Peter Mancina
Visiting Scholar, Center for Immigration Law, Policy and Justice
Rutgers Law School
123 Washington Street
Newark, NJ 07102
Phone number: (415)-226-8714
Email: [13][email address]

Footnotes
FN1: The term “records” as used herein means records as broadly defined by
N.J.S.A.47:1A-1.1 and includes, “any paper, written or printed book,
document, drawing, map, plan, photograph, microfilm, data processed or
image processed document, information stored or maintained electronically
or by sound-recording or in a similar device, or any copy thereof, that
has been made, maintained or kept on file in the course of his or its
official business by any officer, commission, agency or authority of the
State or of any political subdivision thereof, including subordinate
boards thereof, or that has been received in the course of his or its
official business by any such officer, commission, agency, or authority of
the State or of any political subdivision thereof, including subordinate
boards thereof. The terms shall not include inter-agency or intra-agency
advisory, consultative, or deliberative material.” “Records” that we are
interested in obtaining are those that not only are stored in government
office locations, on government servers, or on government computers and
devices but also in private locations and storage facilities, on private
servers, on private computers and devices, in private email accounts, and
in public and private social media accounts.

FN2: Version 1:
[14]https://web.archive.org/web/201905020003...

FN3: Version 2:
[15]https://www.nj.gov/oag/dcj/agguide/direc...

-------------------------------------------------------------------

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[16][OPRA #17866 email]

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Hills Borough? If so, please contact us using this form:
[18]https://opramachine.com/change_request/n...

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View this OPRA request & responses online:
[20]https://opramachine.com/request/open_pub...

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Dean Rose Cuison-Villazor:

Your OPRA request sought access to the following;

(Please note that all responses will be bold, italicized and red)

I.      Policies, Regulations, Memorandum, Guidance, and Forms

1.      All records of policies, regulations, memorandum, guidance, or
forms that the Department has adopted related to the implementation of the
New Jersey Attorney General Gurbir Grewal’s Immigrant Trust Directive
2018-6 version 1 (issued on November 29, 2018)(Footnote 2 below)  and
version 2 (issued on March 15, 2019) (Footnote 3 below), herein both
versions referred to collectively as the “Directive.”
Date Range: November 29, 2018 to the present. Your request is overly broad
and open ended in that is does not specify a reasonable time frame for the
records sought.  As such, your request is an invalid OPRA request and is
denied. 

OPRA requests that fail to seek specific identifiable governmental records
or are overly broad, are invalid under OPRA pursuant to MAG Entertainment,
LLC v. Division of Alcoholic Beverage Control, 375 N.J. Super. 435 (App.
Div. 2005); Bent v. Stafford Police Department, 381 N.J. Super. 30 (App.
Div. 2005; New Jersey Builders Association v. New Jersey Council on
Affordable Housing, 390 N.J. Super. 166 (App. Div. 2007)’ and Schuler v.
Borough of Bloomsbury, GRC Complaint No. 2007-151 (February 2009). See
Petrelli v. Branchburg Board of Education, GRC Complaint No. 2010-13
(March 2011)

2.      All records of policies, procedures, protocols, directives,
general orders that the Department has adopted regarding providing any
form of assistance to, undertaking joint operations with, or forming joint
task forces with the Department of Homeland Security (“DHS”), U.S. Customs
and Border Protection (“CBP”), or Immigration and Customs Enforcement
(“ICE” (including ICE Homeland Security Investigations (“HSI”)). Examples
of such policies may pertain to how the Department See attached 2018-28
Immigrant Communities V8 C5 1.1.19

a.      books or releases federal criminal or immigration detainees;
transfers individuals into federal custody;
b.      provides DHS, CBP, ICE, and HSI access to department facilities,
Department computers, information technology networks, department
databases;
c.      provides immigration agencies use of Department offices, desk
space, or space where they can carry out their federal work;
d.      responds to federal requests for a notification of an inmate’s
release date, time, and place, as well as any personally identifying
information for the individual;
e.      detains individuals for the purpose of enforcing immigration law;
f.      acts upon DHS, CBP, ICE, and HSI administrative warrants;
g.      responds to federal immigration agency requests to interview
people in Department custody and provides access to these individuals to
carry out an interview;
h.      provides backup assistance including but not limited to traffic
control and perimeter security in the event of an immigration enforcement
action or emergency situation;
i.      provides booking rosters, intake rosters, or lists of detainees in
Department detention facilities;
j.      asks members of the public, witnesses, suspects, or those who have
been arrested about immigration status information;
k.      patrols U.S. national borders;
l.      processes requests for T- and U-visa certifications; or
m.      submits Immigrant Alien Queries (IAQs) to the ICE Law Enforcement
Support Center (“ICE-LESC”) and acts upon Immigrant Alien Responses (IARs)
from the ICE-LESC as part of the State Criminal Alien Assistance Program
(SCAAP)
Date Range: November 29, 2018 to the present. 

II.     Agreements, Contracts, or Memorandum of Understanding

3.      All agreements, contracts, or Memorandum of Understanding,
including any addendum or renewal document between DHS, ICE, ICE-HSI, or
CBP and the Department. Date Range: November 29, 2018 to the present No
records exist

III.    Training Records

4.      All records that the Department has used to train its members
about the Directive, including training materials, manuals, memorandums,
and power point presentations. Date range: November 29, 2018 to the
present Training Certificate attached

5.      Any training logs records that the Department has created to track
the completion of training of its employees in the Directive or
Directive-related Department policies. Date range: November 29, 2018 to
the present Training Certificate attached

IV.     Incident Reports

6.      All incident reports related to the Department providing any form
of assistance to CBP or ICE, (including HSI) as described in request
number 2, participation in joint task forces, a 287g program, or any other
form of joint operation with CBP, or ICE (including HSI). Date Range:
November 29, 2018 to the present No records exist

7.      All incident reports related to incidents when  CBP or ICE,
(including HSI) arrested an individual on Department property immediately
after they were released from Department custody to the public. Date
Range: November 29, 2018 to the present No records exist

V.      Quantitative Data Reports Regarding Department Assistance to ICE
and CBP

8.      All records (including electronically stored information in a
database, written reports, statistics, memoranda or other data) that
provide the number of instances when the Department accommodated an ICE or
CBP request for the Department to  
a.      detain an individual
b.      transfer an individual to ICE or CBP custody
c.      notify ICE or CBP of the person’s release from Department custody
d.      provide backup assistance for an immigration enforcement action
e.      provide backup assistance for an emergency situation
f.      allow ICE or CBP to interview an individual in Department custody
g.      participate in a joint operation with ICE or CBP; or
h.      any other form of assistance to ICE or CBP
Date Range: November 29, 2017 to the present Your request is overly broad
and open ended in that it requests simply “all records” and is not
sufficiently clear.  As such, your request is an invalid OPRA request and
is denied. 

When a request is “complex” because if fails to specifically identify the
documents sought, then that request is not “encompassed” by OPRA. See New
Jersey Builders Association v. New Jersey Council on Affordable
Housing,390 N.J. Super.. 166, 180 (App.Div.2007). A proper request under
OPRA must identify with reasonable clarity those documents that are
desired, and a party cannot satisfy this requirement by simply requesting
all of an agency’s documents. See Bent v. Stafford Police Department, 381
N.J. Super. 30, 37 (App. Div. 2005). Custodians are not required to
conduct research or create new records in response to an OPRA request.

9.      All reports, emails, and memorandum that explain the reason,
purpose, policy basis, or goal for which the Department accommodated ICE
or CBP requests for assistance outlined in request number 8. Date Range:
November 29, 2017 to the present No records exist

10.     All records (including electronically stored information in a
database, written reports, statistics, memoranda or other data), arrest
reports, CAD reports or similar records) that list
a.      the number of individuals arrested during joint operations with
DHS, ICE, or CBP;
b.      the criminal charges brought against each individual that was
arrested during joint operations with DHS, ICE, or CBP; or
c.      the number of individuals charged with civil immigration
violations during joint operations with DHS, ICE, or CBP.
Date Range: November 29, 2017 to the present No records exist

11.     All records (including electronically stored information in a
database, written reports, statistics, memoranda or other data), that list
the number of people that the Department released to the public and who
were immediately arrested by ICE or CBP on Department property. Date
Range: November 29, 2017 to the present No records exist

VI.     Detainee Movement Logs

12.     All records that include the “movement history” logs of
individuals in Department custody for whom an I-247 detainer, notification
request, or transfer request was lodged. This may include records logging
how individuals are moved through different Department divisions, wings,
areas, programs, or Department facilities (ie. Booking, housing). Date
Range: November 29, 2017 to the present No records exist

VII.    Communications Records

13.     All communications (herein, “communications” refers to emails,
texts, faxes, letters, social media posts) about implementing the
Directive in the Department, how the Department interacts with or assists
ICE and CBP, or making inmate release information available to the public
between Department Command Staff or Supervising Staff and the following
types of Department employees:
a.      Those who contribute to the development of department policy;
b.      Those who directly interact with the public;
c.      Those who directly interact with people in Department custody; and
d.      Those who directly interact with federal immigration agencies
Date Range: November, 29, 2018 to the present No records exist

14.     All communications about implementing the Directive in the
Department, how the Department interacts with ICE and CBP, or making
inmate release information available to the public between Department
Personnel and individuals in the following external agencies:
a.      ICE;
b.      CBP;
c.      The U.S. Department of Justice;
d.      The White House;
e.      The New Jersey Department of Justice;
f.      The Sheriffs Association of New Jersey; or
g.      The New Jersey State Association of Chiefs of Police
Date Range: November, 29, 2018 to the present No records exist

I will consider this OPRA request closed.

If your request for access to a government record has been denied or
unfilled within the seven (7) business days required by law, or as
modified per A-3849/S-2302, you have a right to challenge the decision by
the Borough of Far Hills to deny access. At your option, you may either
institute a proceeding in the Superior Court of New Jersey or file a
complaint with the Government Records Council (GRC) by completing the
Denial of Access Complaint Form.  You may contact the GRC by toll-free
telephone at 866-850-0511, by mail at P.O. Box 819, Trenton, NJ, 08625, by
e-mail at [1][email address], or at their web site
at [2]www.state.nj.us/grc. The GRC can also answer other questions about
the law.  All questions regarding complaints filed in Superior Court
should be directed to the Court Clerk in your County.

Respectfully,

Samantha D’Antuono, CMR

Deputy Borough Clerk, Board of Health Secretary

M-F 9:30am-2:30pm

[3][email address] | [4]www.farhillsnj.org

908-234-0611 x.27  t |908-234-0918 f

Borough of Far Hills |6 Prospect Street |Far Hills, NJ 07931

From: Samantha D'Antuono
Sent: Thursday, November 12, 2020 12:27 PM
To: [OPRA #17866 email]
Cc: Dorothy Hicks <[Far Hills Borough request email]>
Subject: RE: OPRA request - Open Public Records Act and Common Law Request
Regarding Implementation of the New Jersey Attorney General Immigrant
Trust Directive 2018-6

Dear Dean Villazor:

Your OPRA request sought access to the following:

I.      Policies, Regulations, Memorandum, Guidance, and Forms

1.      All records of policies, regulations, memorandum, guidance, or
forms that the Department has adopted related to the implementation of the
New Jersey Attorney General Gurbir Grewal’s Immigrant Trust Directive
2018-6 version 1 (issued on November 29, 2018)(Footnote 2 below)  and
version 2 (issued on March 15, 2019) (Footnote 3 below), herein both
versions referred to collectively as the “Directive.”
Date Range: November 29, 2018 to the present.

2.      All records of policies, procedures, protocols, directives,
general orders that the Department has adopted regarding providing any
form of assistance to, undertaking joint operations with, or forming joint
task forces with the Department of Homeland Security (“DHS”), U.S. Customs
and Border Protection (“CBP”), or Immigration and Customs Enforcement
(“ICE” (including ICE Homeland Security Investigations (“HSI”)). Examples
of such policies may pertain to how the Department

a.      books or releases federal criminal or immigration detainees;
transfers individuals into federal custody;
b.      provides DHS, CBP, ICE, and HSI access to department facilities,
Department computers, information technology networks, department
databases;
c.      provides immigration agencies use of Department offices, desk
space, or space where they can carry out their federal work;
d.      responds to federal requests for a notification of an inmate’s
release date, time, and place, as well as any personally identifying
information for the individual;
e.      detains individuals for the purpose of enforcing immigration law;
f.      acts upon DHS, CBP, ICE, and HSI administrative warrants;
g.      responds to federal immigration agency requests to interview
people in Department custody and provides access to these individuals to
carry out an interview;
h.      provides backup assistance including but not limited to traffic
control and perimeter security in the event of an immigration enforcement
action or emergency situation;
i.      provides booking rosters, intake rosters, or lists of detainees in
Department detention facilities;
j.      asks members of the public, witnesses, suspects, or those who have
been arrested about immigration status information;
k.      patrols U.S. national borders;
l.      processes requests for T- and U-visa certifications; or
m.      submits Immigrant Alien Queries (IAQs) to the ICE Law Enforcement
Support Center (“ICE-LESC”) and acts upon Immigrant Alien Responses (IARs)
from the ICE-LESC as part of the State Criminal Alien Assistance Program
(SCAAP)
Date Range: November 29, 2018 to the present. 

II.     Agreements, Contracts, or Memorandum of Understanding

3.      All agreements, contracts, or Memorandum of Understanding,
including any addendum or renewal document between DHS, ICE, ICE-HSI, or
CBP and the Department. Date Range: November 29, 2018 to the present

III.    Training Records

4.      All records that the Department has used to train its members
about the Directive, including training materials, manuals, memorandums,
and power point presentations. Date range: November 29, 2018 to the
present

5.      Any training logs records that the Department has created to track
the completion of training of its employees in the Directive or
Directive-related Department policies. Date range: November 29, 2018 to
the present

IV.     Incident Reports

6.      All incident reports related to the Department providing any form
of assistance to CBP or ICE, (including HSI) as described in request
number 2, participation in joint task forces, a 287g program, or any other
form of joint operation with CBP, or ICE (including HSI). Date Range:
November 29, 2018 to the present

7.      All incident reports related to incidents when  CBP or ICE,
(including HSI) arrested an individual on Department property immediately
after they were released from Department custody to the public. Date
Range: November 29, 2018 to the present

V.      Quantitative Data Reports Regarding Department Assistance to ICE
and CBP

8.      All records (including electronically stored information in a
database, written reports, statistics, memoranda or other data) that
provide the number of instances when the Department accommodated an ICE or
CBP request for the Department to  
a.      detain an individual
b.      transfer an individual to ICE or CBP custody
c.      notify ICE or CBP of the person’s release from Department custody
d.      provide backup assistance for an immigration enforcement action
e.      provide backup assistance for an emergency situation
f.      allow ICE or CBP to interview an individual in Department custody
g.      participate in a joint operation with ICE or CBP; or
h.      any other form of assistance to ICE or CBP
Date Range: November 29, 2017 to the present

9.      All reports, emails, and memorandum that explain the reason,
purpose, policy basis, or goal for which the Department accommodated ICE
or CBP requests for assistance outlined in request number 8. Date Range:
November 29, 2017 to the present

10.     All records (including electronically stored information in a
database, written reports, statistics, memoranda or other data), arrest
reports, CAD reports or similar records) that list
a.      the number of individuals arrested during joint operations with
DHS, ICE, or CBP;
b.      the criminal charges brought against each individual that was
arrested during joint operations with DHS, ICE, or CBP; or
c.      the number of individuals charged with civil immigration
violations during joint operations with DHS, ICE, or CBP.
Date Range: November 29, 2017 to the present

11.     All records (including electronically stored information in a
database, written reports, statistics, memoranda or other data), that list
the number of people that the Department released to the public and who
were immediately arrested by ICE or CBP on Department property. Date
Range: November 29, 2017 to the present

VI.     Detainee Movement Logs

12.     All records that include the “movement history” logs of
individuals in Department custody for whom an I-247 detainer, notification
request, or transfer request was lodged. This may include records logging
how individuals are moved through different Department divisions, wings,
areas, programs, or Department facilities (ie. Booking, housing). Date
Range: November 29, 2017 to the present

VII.    Communications Records

13.     All communications (herein, “communications” refers to emails,
texts, faxes, letters, social media posts) about implementing the
Directive in the Department, how the Department interacts with or assists
ICE and CBP, or making inmate release information available to the public
between Department Command Staff or Supervising Staff and the following
types of Department employees:
a.      Those who contribute to the development of department policy;
b.      Those who directly interact with the public;
c.      Those who directly interact with people in Department custody; and
d.      Those who directly interact with federal immigration agencies
Date Range: November, 29, 2018 to the present

14.     All communications about implementing the Directive in the
Department, how the Department interacts with ICE and CBP, or making
inmate release information available to the public between Department
Personnel and individuals in the following external agencies:
a.      ICE;
b.      CBP;
c.      The U.S. Department of Justice;
d.      The White House;
e.      The New Jersey Department of Justice;
f.      The Sheriffs Association of New Jersey; or
g.      The New Jersey State Association of Chiefs of Police
Date Range: November, 29, 2018 to the present

Your request requires an additional extension beyond the seven (7)
business days to fulfill due to the COVID-19 Pandemic. 

OPRA allows custodians to seek extensions of time pursuant to N.J.S.A.
47:1A-5.i.  Specifically, OPRA states that, “the requestor shall be
advised by the custodian when the record can be made available. If the
record is not made available by that time, access shall be deemed
denied.” 

Your OPRA request requires an extension of time until November 20, 2020. 

If your request for access to a government record has been denied or
unfilled within the seven (7) business days required by law, or as
modified per A-3849/S-2302, you have a right to challenge the decision by
the Borough of Far Hills to deny access. At your option, you may either
institute a proceeding in the Superior Court of New Jersey or file a
complaint with the Government Records Council (GRC) by completing the
Denial of Access Complaint Form.  You may contact the GRC by toll-free
telephone at 866-850-0511, by mail at P.O. Box 819, Trenton, NJ, 08625, by
e-mail at [5][email address], or at their web site
at [6]www.state.nj.us/grc. The GRC can also answer other questions about
the law.  All questions regarding complaints filed in Superior Court
should be directed to the Court Clerk in your County.

Respectfully,

Samantha D’Antuono, CMR

Deputy Borough Clerk, Board of Health Secretary

M-F 9:30am-2:30pm

[7][email address] | [8]www.farhillsnj.org

908-234-0611 x.27  t |908-234-0918 f

Borough of Far Hills |6 Prospect Street |Far Hills, NJ 07931

From: Samantha D'Antuono
Sent: Wednesday, October 28, 2020 11:35 AM
To: [9][OPRA #17866 email]
Cc: Dorothy Hicks <[10][Far Hills Borough request email]>
Subject: FW: OPRA request - Open Public Records Act and Common Law Request
Regarding Implementation of the New Jersey Attorney General Immigrant
Trust Directive 2018-6

Dear Dean Villazor:

I received your OPRA request on October 19, 2020.  As such, the seven (7)
business day deadline to respond to your request is October 28, 2020. The
response is being provided to you on the 7th business day after receipt.

Your OPRA request sought access to the following:

I.      Policies, Regulations, Memorandum, Guidance, and Forms

1.      All records of policies, regulations, memorandum, guidance, or
forms that the Department has adopted related to the implementation of the
New Jersey Attorney General Gurbir Grewal’s Immigrant Trust Directive
2018-6 version 1 (issued on November 29, 2018)(Footnote 2 below)  and
version 2 (issued on March 15, 2019) (Footnote 3 below), herein both
versions referred to collectively as the “Directive.”
Date Range: November 29, 2018 to the present.

2.      All records of policies, procedures, protocols, directives,
general orders that the Department has adopted regarding providing any
form of assistance to, undertaking joint operations with, or forming joint
task forces with the Department of Homeland Security (“DHS”), U.S. Customs
and Border Protection (“CBP”), or Immigration and Customs Enforcement
(“ICE” (including ICE Homeland Security Investigations (“HSI”)). Examples
of such policies may pertain to how the Department

a.      books or releases federal criminal or immigration detainees;
transfers individuals into federal custody;
b.      provides DHS, CBP, ICE, and HSI access to department facilities,
Department computers, information technology networks, department
databases;
c.      provides immigration agencies use of Department offices, desk
space, or space where they can carry out their federal work;
d.      responds to federal requests for a notification of an inmate’s
release date, time, and place, as well as any personally identifying
information for the individual;
e.      detains individuals for the purpose of enforcing immigration law;
f.      acts upon DHS, CBP, ICE, and HSI administrative warrants;
g.      responds to federal immigration agency requests to interview
people in Department custody and provides access to these individuals to
carry out an interview;
h.      provides backup assistance including but not limited to traffic
control and perimeter security in the event of an immigration enforcement
action or emergency situation;
i.      provides booking rosters, intake rosters, or lists of detainees in
Department detention facilities;
j.      asks members of the public, witnesses, suspects, or those who have
been arrested about immigration status information;
k.      patrols U.S. national borders;
l.      processes requests for T- and U-visa certifications; or
m.      submits Immigrant Alien Queries (IAQs) to the ICE Law Enforcement
Support Center (“ICE-LESC”) and acts upon Immigrant Alien Responses (IARs)
from the ICE-LESC as part of the State Criminal Alien Assistance Program
(SCAAP)
Date Range: November 29, 2018 to the present. 

II.     Agreements, Contracts, or Memorandum of Understanding

3.      All agreements, contracts, or Memorandum of Understanding,
including any addendum or renewal document between DHS, ICE, ICE-HSI, or
CBP and the Department. Date Range: November 29, 2018 to the present

III.    Training Records

4.      All records that the Department has used to train its members
about the Directive, including training materials, manuals, memorandums,
and power point presentations. Date range: November 29, 2018 to the
present

5.      Any training logs records that the Department has created to track
the completion of training of its employees in the Directive or
Directive-related Department policies. Date range: November 29, 2018 to
the present

IV.     Incident Reports

6.      All incident reports related to the Department providing any form
of assistance to CBP or ICE, (including HSI) as described in request
number 2, participation in joint task forces, a 287g program, or any other
form of joint operation with CBP, or ICE (including HSI). Date Range:
November 29, 2018 to the present

7.      All incident reports related to incidents when  CBP or ICE,
(including HSI) arrested an individual on Department property immediately
after they were released from Department custody to the public. Date
Range: November 29, 2018 to the present

V.      Quantitative Data Reports Regarding Department Assistance to ICE
and CBP

8.      All records (including electronically stored information in a
database, written reports, statistics, memoranda or other data) that
provide the number of instances when the Department accommodated an ICE or
CBP request for the Department to  
a.      detain an individual
b.      transfer an individual to ICE or CBP custody
c.      notify ICE or CBP of the person’s release from Department custody
d.      provide backup assistance for an immigration enforcement action
e.      provide backup assistance for an emergency situation
f.      allow ICE or CBP to interview an individual in Department custody
g.      participate in a joint operation with ICE or CBP; or
h.      any other form of assistance to ICE or CBP
Date Range: November 29, 2017 to the present

9.      All reports, emails, and memorandum that explain the reason,
purpose, policy basis, or goal for which the Department accommodated ICE
or CBP requests for assistance outlined in request number 8. Date Range:
November 29, 2017 to the present

10.     All records (including electronically stored information in a
database, written reports, statistics, memoranda or other data), arrest
reports, CAD reports or similar records) that list
a.      the number of individuals arrested during joint operations with
DHS, ICE, or CBP;
b.      the criminal charges brought against each individual that was
arrested during joint operations with DHS, ICE, or CBP; or
c.      the number of individuals charged with civil immigration
violations during joint operations with DHS, ICE, or CBP.
Date Range: November 29, 2017 to the present

11.     All records (including electronically stored information in a
database, written reports, statistics, memoranda or other data), that list
the number of people that the Department released to the public and who
were immediately arrested by ICE or CBP on Department property. Date
Range: November 29, 2017 to the present

VI.     Detainee Movement Logs

12.     All records that include the “movement history” logs of
individuals in Department custody for whom an I-247 detainer, notification
request, or transfer request was lodged. This may include records logging
how individuals are moved through different Department divisions, wings,
areas, programs, or Department facilities (ie. Booking, housing). Date
Range: November 29, 2017 to the present

VII.    Communications Records

13.     All communications (herein, “communications” refers to emails,
texts, faxes, letters, social media posts) about implementing the
Directive in the Department, how the Department interacts with or assists
ICE and CBP, or making inmate release information available to the public
between Department Command Staff or Supervising Staff and the following
types of Department employees:
a.      Those who contribute to the development of department policy;
b.      Those who directly interact with the public;
c.      Those who directly interact with people in Department custody; and
d.      Those who directly interact with federal immigration agencies
Date Range: November, 29, 2018 to the present

14.     All communications about implementing the Directive in the
Department, how the Department interacts with ICE and CBP, or making
inmate release information available to the public between Department
Personnel and individuals in the following external agencies:
a.      ICE;
b.      CBP;
c.      The U.S. Department of Justice;
d.      The White House;
e.      The New Jersey Department of Justice;
f.      The Sheriffs Association of New Jersey; or
g.      The New Jersey State Association of Chiefs of Police
Date Range: November, 29, 2018 to the present

Your request requires additional time beyond the seven (7) business days
to fulfill due to the COVID-19 Pandemic. 

OPRA allows custodians to seek extensions of time pursuant to N.J.S.A.
47:1A-5.i.  Specifically, OPRA states that, “the requestor shall be
advised by the custodian when the record can be made available. If the
record is not made available by that time, access shall be deemed
denied.” 

Your OPRA request requires an extension of time until November 13, 2020. 

If your request for access to a government record has been denied or
unfilled within the seven (7) business days required by law, or as
modified per A-3849/S-2302, you have a right to challenge the decision by
the Borough of Far Hills to deny access. At your option, you may either
institute a proceeding in the Superior Court of New Jersey or file a
complaint with the Government Records Council (GRC) by completing the
Denial of Access Complaint Form.  You may contact the GRC by toll-free
telephone at 866-850-0511, by mail at P.O. Box 819, Trenton, NJ, 08625, by
e-mail at [11][email address], or at their web site
at [12]www.state.nj.us/grc. The GRC can also answer other questions about
the law.  All questions regarding complaints filed in Superior Court
should be directed to the Court Clerk in your County.

Respectfully,

Samantha D’Antuono, CMR

Deputy Borough Clerk, Board of Health Secretary

M-F 9:30am-2:30pm

[13][email address] | [14]www.farhillsnj.org

908-234-0611 x.27  t |908-234-0918 f

Borough of Far Hills |6 Prospect Street |Far Hills, NJ 07931

From: Rose Cuison-Villazor
<[15][OPRA #17866 email]>
Sent: Sunday, October 18, 2020 9:26 PM
To: Dorothy Hicks <[16][Far Hills Borough request email]>
Subject: OPRA request - Open Public Records Act and Common Law Request
Regarding Implementation of the New Jersey Attorney General Immigrant
Trust Directive 2018-6

S.I. Newhouse Center for Law and Justice
Rutgers, The State University of New Jersey
123 Washington Street
Newark, New Jersey  07102-3094
Phone: (973) 353-3159

October 18, 2020

RE: Open Public Records Act and Common Law Request Regarding
Implementation of the New Jersey Attorney General Immigrant Trust
Directive 2018-6

Dear Records Custodian,

Pursuant to the New Jersey Open Public Records Act (OPRA –
N.J.S.A.47:1A-1, et seq.) and common law right of access, we write seeking
to obtain records related to how your Department  (herein referred to as
“the Department”)  has implemented the New Jersey Attorney General Gurbir
Grewal’s Immigrant Trust Directive 2018-6 and how this agency works with
federal immigration enforcement officials.  We ask that you please direct
this request to all appropriate offices, departments, and records
custodians within the Department that may supply any of the records sought
through this request.

A.      Our Common Law Interest
The Immigrant Trust Directive intends to curtail state and local
participation in federal immigration enforcement, ensure effective
policing, and foster relationships between law enforcement agencies and
immigrant communities.  As part of a scholarly research project, we, the
requestors, seek these documents in order to assess the degree to which
the Department is committed to implementing the directive and is in
compliance with public records request laws.

We the requesters are Dean Rose Cuison-Villazor and Dr. Peter Mancina.
Dean Cuison-Villazor is Vice Dean, Professor of Law, and Chancellor’s
Social Justice Scholar of the Rutgers Law School and Director of the
Center for Immigration Law, Policy, and Justice. She has written and
published extensively about non-cooperation policies or “sanctuary”
policies, which have been published in the Columbia Law Review, Minnesota
Law Review, Washington University Law Review, and UC Davis Law Review. 
Dean Cuison-Villazor is also Director of the Center for Immigration Law,
Policy and Justice (CILPJ), which engages in interdisciplinary
scholarship, research, and advocacy focused on exploring more inclusive
immigration and citizenship laws.

Dr. Peter Mancina is Visiting Scholar in the Center for Immigration Law,
Policy, and Justice at Rutgers Law School, Researcher in the Department of
Social Anthropology at Stockholm University, and Research Associate in the
University of Oxford Centre for Criminology and Border Criminologies
Program. Dr. Mancina has examined the historical development of sanctuary
policy in the United States and police compliance with “sanctuary” laws at
the local, county, and state levels. He is author of the 2019 policy
implementation report Turning the Golden State into a Sanctuary State: A
Report on the Impact and Implementation of the California Values Act
(SB54).

We greatly appreciate your assistance in providing us the following
documents.

B. Requested Records (Footnote 1 below)

I.      Policies, Regulations, Memorandum, Guidance, and Forms

1.      All records of policies, regulations, memorandum, guidance, or
forms that the Department has adopted related to the implementation of the
New Jersey Attorney General Gurbir Grewal’s Immigrant Trust Directive
2018-6 version 1 (issued on November 29, 2018)(Footnote 2 below)  and
version 2 (issued on March 15, 2019) (Footnote 3 below), herein both
versions referred to collectively as the “Directive.”
Date Range: November 29, 2018 to the present.

2.      All records of policies, procedures, protocols, directives,
general orders that the Department has adopted regarding providing any
form of assistance to, undertaking joint operations with, or forming joint
task forces with the Department of Homeland Security (“DHS”), U.S. Customs
and Border Protection (“CBP”), or Immigration and Customs Enforcement
(“ICE” (including ICE Homeland Security Investigations (“HSI”)). Examples
of such policies may pertain to how the Department

a.      books or releases federal criminal or immigration detainees;
transfers individuals into federal custody;
b.      provides DHS, CBP, ICE, and HSI access to department facilities,
Department computers, information technology networks, department
databases;
c.      provides immigration agencies use of Department offices, desk
space, or space where they can carry out their federal work;
d.      responds to federal requests for a notification of an inmate’s
release date, time, and place, as well as any personally identifying
information for the individual;
e.      detains individuals for the purpose of enforcing immigration law;
f.      acts upon DHS, CBP, ICE, and HSI administrative warrants;
g.      responds to federal immigration agency requests to interview
people in Department custody and provides access to these individuals to
carry out an interview;
h.      provides backup assistance including but not limited to traffic
control and perimeter security in the event of an immigration enforcement
action or emergency situation;
i.      provides booking rosters, intake rosters, or lists of detainees in
Department detention facilities;
j.      asks members of the public, witnesses, suspects, or those who have
been arrested about immigration status information;
k.      patrols U.S. national borders;
l.      processes requests for T- and U-visa certifications; or
m.      submits Immigrant Alien Queries (IAQs) to the ICE Law Enforcement
Support Center (“ICE-LESC”) and acts upon Immigrant Alien Responses (IARs)
from the ICE-LESC as part of the State Criminal Alien Assistance Program
(SCAAP)
Date Range: November 29, 2018 to the present. 

II.     Agreements, Contracts, or Memorandum of Understanding

3.      All agreements, contracts, or Memorandum of Understanding,
including any addendum or renewal document between DHS, ICE, ICE-HSI, or
CBP and the Department. Date Range: November 29, 2018 to the present

III.    Training Records

4.      All records that the Department has used to train its members
about the Directive, including training materials, manuals, memorandums,
and power point presentations. Date range: November 29, 2018 to the
present

5.      Any training logs records that the Department has created to track
the completion of training of its employees in the Directive or
Directive-related Department policies. Date range: November 29, 2018 to
the present

IV.     Incident Reports

6.      All incident reports related to the Department providing any form
of assistance to CBP or ICE, (including HSI) as described in request
number 2, participation in joint task forces, a 287g program, or any other
form of joint operation with CBP, or ICE (including HSI). Date Range:
November 29, 2018 to the present

7.      All incident reports related to incidents when  CBP or ICE,
(including HSI) arrested an individual on Department property immediately
after they were released from Department custody to the public. Date
Range: November 29, 2018 to the present

V.      Quantitative Data Reports Regarding Department Assistance to ICE
and CBP

8.      All records (including electronically stored information in a
database, written reports, statistics, memoranda or other data) that
provide the number of instances when the Department accommodated an ICE or
CBP request for the Department to  
a.      detain an individual
b.      transfer an individual to ICE or CBP custody
c.      notify ICE or CBP of the person’s release from Department custody
d.      provide backup assistance for an immigration enforcement action
e.      provide backup assistance for an emergency situation
f.      allow ICE or CBP to interview an individual in Department custody
g.      participate in a joint operation with ICE or CBP; or
h.      any other form of assistance to ICE or CBP
Date Range: November 29, 2017 to the present

9.      All reports, emails, and memorandum that explain the reason,
purpose, policy basis, or goal for which the Department accommodated ICE
or CBP requests for assistance outlined in request number 8. Date Range:
November 29, 2017 to the present

10.     All records (including electronically stored information in a
database, written reports, statistics, memoranda or other data), arrest
reports, CAD reports or similar records) that list
a.      the number of individuals arrested during joint operations with
DHS, ICE, or CBP;
b.      the criminal charges brought against each individual that was
arrested during joint operations with DHS, ICE, or CBP; or
c.      the number of individuals charged with civil immigration
violations during joint operations with DHS, ICE, or CBP.
Date Range: November 29, 2017 to the present

11.     All records (including electronically stored information in a
database, written reports, statistics, memoranda or other data), that list
the number of people that the Department released to the public and who
were immediately arrested by ICE or CBP on Department property. Date
Range: November 29, 2017 to the present

VI.     Detainee Movement Logs

12.     All records that include the “movement history” logs of
individuals in Department custody for whom an I-247 detainer, notification
request, or transfer request was lodged. This may include records logging
how individuals are moved through different Department divisions, wings,
areas, programs, or Department facilities (ie. Booking, housing). Date
Range: November 29, 2017 to the present

VII.    Communications Records

13.     All communications (herein, “communications” refers to emails,
texts, faxes, letters, social media posts) about implementing the
Directive in the Department, how the Department interacts with or assists
ICE and CBP, or making inmate release information available to the public
between Department Command Staff or Supervising Staff and the following
types of Department employees:
a.      Those who contribute to the development of department policy;
b.      Those who directly interact with the public;
c.      Those who directly interact with people in Department custody; and
d.      Those who directly interact with federal immigration agencies
Date Range: November, 29, 2018 to the present

14.     All communications about implementing the Directive in the
Department, how the Department interacts with ICE and CBP, or making
inmate release information available to the public between Department
Personnel and individuals in the following external agencies:
a.      ICE;
b.      CBP;
c.      The U.S. Department of Justice;
d.      The White House;
e.      The New Jersey Department of Justice;
f.      The Sheriffs Association of New Jersey; or
g.      The New Jersey State Association of Chiefs of Police
Date Range: November, 29, 2018 to the present
We request that all responsive records be sent as electronic files via
email to [17][email address]. If the Department cannot
provide responsive documents to certain requests above, please indicate
the number of the request and the reason for the denial.

As N.J.S.A. 47:1A-5(i) provides that public agencies respond to OPRA
records requests within 7 days, I look forward to hearing from you within
this time.
Thank you in advance and we look forward to your response.
Sincerely,

Dean Rose Cuison-Villazor                              
Vice Dean, Professor of Law and Chancellor’s Social Justice
Scholar                    
Director, Center for Immigration Law, Policy and
Justice                                               
Rutgers Law School
123 Washington Street
Newark, NJ 07102
Phone number: (973) 353-3159
Email: [18][email address]

Dr. Peter Mancina
Visiting Scholar, Center for Immigration Law, Policy and Justice
Rutgers Law School
123 Washington Street
Newark, NJ 07102
Phone number: (415)-226-8714
Email: [19][email address]

Footnotes
FN1: The term “records” as used herein means records as broadly defined by
N.J.S.A.47:1A-1.1 and includes, “any paper, written or printed book,
document, drawing, map, plan, photograph, microfilm, data processed or
image processed document, information stored or maintained electronically
or by sound-recording or in a similar device, or any copy thereof, that
has been made, maintained or kept on file in the course of his or its
official business by any officer, commission, agency or authority of the
State or of any political subdivision thereof, including subordinate
boards thereof, or that has been received in the course of his or its
official business by any such officer, commission, agency, or authority of
the State or of any political subdivision thereof, including subordinate
boards thereof. The terms shall not include inter-agency or intra-agency
advisory, consultative, or deliberative material.” “Records” that we are
interested in obtaining are those that not only are stored in government
office locations, on government servers, or on government computers and
devices but also in private locations and storage facilities, on private
servers, on private computers and devices, in private email accounts, and
in public and private social media accounts.

FN2: Version 1:
[20]https://web.archive.org/web/201905020003...

FN3: Version 2:
[21]https://www.nj.gov/oag/dcj/agguide/direc...

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