Trenton,
NJ – Attorney General Anne Milgram
said today that a Newark police officer
improperly questioned witnesses to a crime
scene about their immigration status in
violation of a state law enforcement directive
that specifically prohibits police from
inquiring about the immigration status of
any victim, witness or person requesting
police assistance. Milgram recommended that
the police officer be disciplined and recommended
training on the immigration directive for
all Newark police officers.
The
Attorney General’s decision followed
an investigation by the Division of Criminal
Justice into a September incident in Newark
in which a freelance photographer for a
weekly newspaper discovered a dead body
in the city’s Ironbound neighborhood
and, along with the newspaper’s editor,
reported the discovery to police.
In
the course of the Newark police department’s
crime scene investigation, Deputy Chief
Samuel DeMaio inquired into the immigration
status of Geraldo Carlos, the photographer,
and Roberto Lima, the editor of the Brazilian
Voice, according to the findings of the
Division of Criminal Justice investigation.
“Our
investigation found that DeMaio’s
conduct violated the immigration directive,’’
Milgram said. “Complying with the
directive is the responsibility of every
law enforcement officer in the state and
gives assurances to witnesses, victims and
those needing police assistance that they
may come forward without fear of questions
directed to their immigration status. Public
safety suffers if individuals believe they
cannot come forward to report crime or cooperate
with law enforcement.’’
The
confidential investigative report by the
Division of Criminal Justice was forwarded
to Newark Police Director Garry McCarthy
by Gregory A. Paw, the director of the Division
of Criminal Justice. Paw asked that McCarthy,
within one week, evaluate appropriate disciplinary
action in accordance with the department’s
code of conduct. He also asked that the
Newark department begin a mandatory training
program on the immigration directive.
The
state plans to issue its own follow-up guidelines
directing all police departments to implement
training programs on the immigration directive.
Milgram
issued the directive on August 22 to establish
uniform guidelines for state, county and
municipal police officers in their interaction
with federal immigration authorities. The
directive underscores the fact that enforcing
immigration laws is chiefly a federal responsibility,
but details instances in which state and
local departments should inquire about immigration
status.
The
directive says that immigration status should
be determined after a person is arrested
for an indictable offense or for drunk driving.
“The individual’s immigration
status is relevant to his or her ties to
the community, the likelihood that he or
she will appear at future court proceedings
to answer charges, and the interest of the
federal government in considering immigration
enforcement proceedings against an individual
whom the state has arrested for the commission
of a serious criminal offense,’’
the directive states.
>
Letter
Regarding Investigation of Deputy Chief
Samuel DeMaio (92k pdf)
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