Dear Ms. Cuison-Villazor,

The County of Passaic (“County”) is not in receipt of your request for
government records. Please respond in writing and identify the specific
government records sought so that we may process your request.

This response does not waive or limit any other rights afforded to the
County under OPRA. All rights afforded under OPRA are expressly reserved.
If you have any questions, do not hesitate to contact my office at (973)
881-4405.

Sincerely,

Kelly C. Ruffel

Custodian of Records

Begin forwarded message:

From: Rose Cuison-Villazor
<[1][OPRA #17265 email]>
Date: December 3, 2020 at 7:44:39 AM EST
To: "Maer, Bill" <[2][Passaic County Sheriff&#39;s Office 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

EXTERNAL EMAIL: Do not click any links or open any attachments unless
you trust the sender and know the content is safe.

Dear Passaic County Sheriff's Office Records Custodian,

This email is to confirm that I have not yet received your records
responsive to my request  “Open Public Records Act and Common Law
Request Regarding Implementation of the New Jersey Attorney General
Immigrant Trust Directive 2018-6” and I ask that you please send them as
soon as possible. Thank you.

Yours faithfully,

Rose Cuison-Villazor

-------------------------------------------------------------------
Please use this UNIQUE email address for all replies to this request and
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[3][OPRA #17265 email]

Disclaimer: This message and any reply that you make will be published
on the internet. Our privacy and copyright policies:
[4]https://opramachine.com/help/officers

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

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will be delayed.

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show quoted sections

  [1]GovQA logo 
 
 
Dear Rose Cuison-Villazor, 

Thank you for your interest in public records of the County of Passaic.
 Your request has been received and is being processed in accordance with
the Open Public Records Act (OPRA).  Your request was received in this
office on 1/8/2021 and given the reference number R006364-010821 for
tracking purposes.

"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 (See 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) and version 2 (issued on March 15, 2019)(Footnote 3), 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
[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: [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: [email address] Footnotes FN 1:
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."

Your request will be forwarded to the relevant County of
Passaic department(s) to locate the information you seek and to determine
the volume and any costs associated with satisfying your request. You will
be contacted about the availability and/or provided with copies of the
records in question. PLEASE NOTE: The State of NJ Open Public Records Act
does not require a governmental body to create new information, to do
legal research, or to answer questions.

You can monitor the progress of your request under  [2]My Requests. 

 
Again, thank you for using the  [3]Passaic County Public Record Center.

References

Visible links
2. https://u8387795.ct.sendgrid.net/ls/clic...
3. https://u8387795.ct.sendgrid.net/ls/clic...

--- Please respond above this line ---

  [1]GovQA logo 
 
 
RE: OPEN PUBLIC RECORDS ACT REQUEST of January 08, 2021, Reference #
R006365-010821
Dear Ms. Cuison-Villazor, 

The County of Passaic (“County”) received a request for government records
from you on January 08, 2021. Specifically, you requested the following:

“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 (See 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) and version 2 (issued
on March 15, 2019)(Footnote 3), 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 [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: [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: [email address]

Footnotes

FN 1: 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.”

Please log in to the [2]Passaic County Public Record Center at the
following link to view the response to your request from the Passaic
County Prosecutor's Office. 

[3]Open Public Records Request - R006365-010821

This response does not waive or limit any other rights afforded to the
County under OPRA. All rights afforded under OPRA are expressly reserved.
OPRA No. R006365-010821 is now closed. If you have any questions, do not
hesitate to contact my office at (973) 881-4405. 

Sincerely,

Kelly C. Ruffel
Custodian of Records

══════════════════════════════════════════════════════════════════════════

To monitor the progress or update this request please log into
the [4]Passaic County Public Record Center.
 
 
 This is an auto-generated email and has originated from an [5]GovQA
unmonitored email account. Please DO NOT REPLY. logo

References

Visible links
2. https://u8387795.ct.sendgrid.net/ls/clic...
3. https://u8387795.ct.sendgrid.net/ls/clic...
4. https://u8387795.ct.sendgrid.net/ls/clic...

--- Please respond above this line ---

  [1]GovQA logo 
 
 
RE: OPEN PUBLIC RECORDS ACT REQUEST of January 08, 2021, Reference #
R006364-010821
Dear Ms. Cuison-Villazor, 

The County of Passaic (“County”) received a request for government records
from you on January 08, 2021. Specifically, you requested the following:

“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 (See 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) and version 2 (issued
on March 15, 2019)(Footnote 3), 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 [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: [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: [email address]

Footnotes

FN 1: 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.”

The County has reviewed its files and has located responsive records to
your request. Please log in to the [2]Passaic County Public Record
Center at the following link to retrieve the government records. 

[3]Open Public Records Request - R006364-010821

This response does not waive or limit any other rights afforded to the
County under OPRA. All rights afforded under OPRA are expressly reserved.
OPRA No. R006364-010821 is now closed. If you have any questions, do not
hesitate to contact my office at (973) 881-4405. 

Sincerely,

Kelly C. Ruffel
Custodian of Records

══════════════════════════════════════════════════════════════════════════

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the [4]Passaic County Public Record Center.
 
 
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