202-18 Exhibit A - Edward Byrne Memorial Justice Assistance Grant Application.pdf

aterial fact) in this certification, or in the application that it supports, may be the subject of criminal prosecution (including under 18 U.S.C. §§ 1001 and/or 1621, and/or 34 U.S.C. § 10271-10273}, and also may subject me and the applicant entity to civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. §§ 3729-3730 and §§ 3801-3812). | also acknowledge that OJP awards, including certifications provided in connection with such awards, are subject to review by USDOMincluding by OUP and by the USDOJ Office of the inspector General QO -P— Bicyodl D.tyenk E52 Z Signature of Chief Legai Officer oNbe Jurisdiction Printed Name of Chief Legal Officer g/elig Tounship Attorney Date of Certification Title of Chief Legal Officer of the Jurisdiction Toun ship of West Orange Name of Applicant Government Entity (i¢., the applifant to the FY 2048 OJP Program identified below) FY 2018 OJP Pragram: Byrne Justice Assistance Grant (JAG) Program: Local 43 BJA-2018-13626

U.S. DEPARTMENT OF JusTICE OFFICE OF JUSTICE PROGRAMS: Local Government: FY 2048 Certification Relating to BUS.C, §§ 1226(a} & (c), 1234(aNt4), 1324(a), 1357(a), & 1366(1) & (3) On behalf of the applicant government entity named below, and in support of ts application, t certify under penalty of perjury to the Office of Justice Programs ("OJP"), U.S, Department of Justice ("USDOJ"), that all of the following are true and correct 1. (am the chief iegal officer of the unit of local government of which the applicant entity named below is a part (the jurisdiction’), and | have the authority to make this certification on sehalf of the jurisdiction and the appticant entity (that is, the entity applying clirectly to OJP). J understand that OJP will rely upon this certification as a material representatian in any decision to make an award to the applicant entity. 2. Ihave carefully reviewed each of the following sections af title 8, United States Code: a. § 1226(@) & (¢) (authorizing arrest and detention of certain aliens ard providing that the federal government “shail take into custody" cenain criminal aliens “when the alien is released b. § 1231(a)(4) (federal government may not “remove an alien who is sentenced to imprisonment until the alien is released {rom imprisonment’), ¢. § 1324(a) (forbidding any “person,” in “knowing or in reckiess disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law,” to "conceatf}, harhor(), or shieldfj from detection, or attempt!] fo conceal, harbor, or shieid from detection, such alien in any place, including any building or any means of transportation’ or to “engage in any conspiracy to commit any of the preceding acts ... or aid or abet{} the commission of any of the preceding acts’): 3. § 1357(a) (authorizing immigration officers, “anywhere in or outside the United States” (see 8 C FR, § 287.S{a)), to “interregate any alien or person balieved to be an alién as to his tight to be oF to remain in the United States"), and ©. § 1366(1) & (3) (requiring the Attorney General annually to submit to Congress “a report detailing ... (1) the number of illegal aliens. incarcerated in Federal and State prisons for having committed felonies, slating the number incarcerated for each tye of offense, ard] (3) programs and plans underway in the Depamtnent of Justice to ensure the

ted in Federal and State prisons for having committed felonies, slating the number incarcerated for each tye of offense, ard] (3) programs and plans underway in the Depamtnent of Justice to ensure the prompt removal from the United States of criminal aliens subject to remova’) 3. I (and also the applicant entity) understand that USDOJ will require States and local governments (including State and local government entities, -agencies, and -officiais), with respect to any "program or activity funded in whole of in part with the federal financial assistance provided through the FY 2078 OJP program under which this certification is being submitted ithe "FY 2018 OJP Program’ identified below), specifically including any such "program of activity’ of a governmental entity or -agency that is a subrecipient (at any tier) of funds under the FY 2018 OJP Program, not to violate, oF to aid or abet any violation of, 8 U.S.C. § 1324(3}, and not to impede the exercise oy federal officers of authority under 8 U.S.C. § 1357{a) ar relating to 8 U.S.C. § 1368/1) & (3) or BUS. § 1228(a1 & fe). 4. | (and also the applicant entity) understand that, for purposes of this certification, “program or activity" means what it means under title Vi of the Civil Rights Act of 1984 (see 42 U.S.C. § 2000d-4a), and that terms used in this cedlification that are defined in 8 USC. § 1101 mean what they mean under that section 1101, except that the tem “State” also shall include American Samoa (of. 34 U.S C § 10251(@}(2)). Also, | understand that, for purposes of this certification, neither a ‘public’ institution of higher education (/.¢, one that is owed, controlled, oF ditectly funded by a State or local government) nor an indian tribe is considered a State or local government entity or -agency 5. Ihave conducted (or caused to be conducted for me) a diligent inquiry and review concerning both— a. the “piogram or activity” to be funded (in whole or in part) veth the federal financial assistance sought by the applicant entity under this FY 2018 OJP Program; and b. any Isws, rules, policies, of practices potentially applicable fo the “program or activity’ sought to be funded under the FY 2018 OJP Program that implicate any of the requirements relating to&U SC. §§ 1228(a) & (ce), 1324(a), 1357 (a), & 1346(1) & (3) that are described in {] 3 of this certification, whether imposed by a State or

P Program that implicate any of the requirements relating to&U SC. §§ 1228(a) & (ce), 1324(a), 1357 (a), & 1346(1) & (3) that are described in {] 3 of this certification, whether imposed by a State or local government entity, -agency, or-official 6. As of the date of this certification, neither the jurisdiction nor any entity, agency, or official of the jurisdiction has in effect, purports to have in effect, or is subject to or bound by, any ‘aw, rule, policy, or practice that would apply to the "program or activity’ to be funded in whole or in part under the FY 2018 OuP Program (which, for tire specitic purpose of this paragraph 6. shall not be understood tc include any such “program or activity” of any subrecipient at any tier), and that would or does— (1) viclale, or aid or abel any viclaton of. 8 U.S.C. § 1324(a); (2) impede the exercise by federal officers of authority under 8 US.C. § 1357 (a), (3) impede the exercise by federal officers of authority relating to 8 U.S.C. § 1368(1) & (2): oF (4) impede the exercise by federal officers of authority relating 1 8 USC § 1226(a) & (c) } acknowledge that a materially false, fictitious, or fraudulent statemant (oF concealment or omission of a material fact) in this certification, or in the application that it supports, may be fhe subject of criminal prosecution {including under 18 U S.C. §§ 1001 and/or 1621, andor 34 U.S.C. §§ 10271-10273), and also may subject me and the applicant entity to civil penaities and administrative temedies for false claims or otherwise (neluding uncer 31 U.S.C. §§ 3729-3730 and §§ 3801-3812}. | also acknowledge that OJP awards, including associated certifications, are oe review by USDOJ, including by OuP and the USDO4 Ctlice of the Inspector General. ew Np. ee But Jocue DTrenk, Ess. ASignature of Chief LegdiPiticer ‘of the Jurisdiction Printed Name of Chief Legal Officer SOAK hy ne Date“f Certification Title of Chief Legal Officer of the Jurisdiction Teounsnipaf U“est Orange Name of Applicarl Government Entily (12., the applica io the FY 2018 OJP Program identified below FY 2018 OJP Program: Byrne Justice Assistance Grant JAG) Program: Local 45 BJA-2018-13626

Appendix E Information regarding Communication with the Department of Homeland Security (DHS) and/or Immigration and Customs Enforcement (ICE) (1) Does your jurisdiction have any laws, policies, or practices related to whether, when, or how employees may communicate with DHS or ICE? (2) Is your jurisdiction subject to any laws from a superior political entity (e.g., a state law that binds a city) that meet the description in question 1? (3) If yes to either: • Please provide a copy of each law or policy; • Please describe each practice; and • Please explain how the law, policy, or practice complies with section 1373. Please see attached policies followed by the West Orange Police Department.

WEST ORANGE POLICE DEPARTMENT 7:19-6 WRITTEN DIRECTIVE SYSTEM IMMIGRATION ENFORCEMENT Effective Date: 6/13/17 Supersedes: 10/17/07 7:19-6a PURPOSE The purpose of this directive is to bring this department into comportment with the N.J. Attorney General Law Enforcement Directive 2007-3 and the Essex County Prosecutor’s Office Procedures regarding the arrest of undocumented immigrants. The West Orange Police Department’s overriding mission is to enforce state and local criminal laws and to serve and protect the community it serves. The mission is not to enforce federal immigration laws. 7:19-6b PROCEDURES A. Only when an officer makes an arrest for any indictable crime or for driving while intoxicated, the arresting officer or a designated officer, as part of the booking process, shall universally inquire about the arrestee’s citizenship, nationality and immigration status. If the officer has reasonable cause to believe that the person may not be lawfully present in the United States:  The officer shall complete and fax a Notice of Undocumented Immigration Status to Immigration and Customs Enforcement (ICE) at (973) 645- 6124.  If an indictable offense has been committed, the form will also be faxed to the Essex County Prosecutor’s Office at (973) 621-5697.  If a DWI has been committed, a copy of the form will be placed in the Court Clerk’s box at the desk.  The sergeant is to ensure that the Judge is advised that the person under arrest is believed not to be in the United States lawfully when they are setting bail.  The original will be kept with the reports and turned into records. B. Criminal versus Civil Immigration Violations: 1. Immigration laws differ from the criminal laws

riginal will be kept with the reports and turned into records. B. Criminal versus Civil Immigration Violations: 1. Immigration laws differ from the criminal laws that local police officers deal with most regularly in that immigration laws contain both civil and criminal aspects. 7:19-6 IMMIGRATION ENFORCEMENT June 13, 2017 Page 1 of 3

2. Civil Immigration violations include, for example, illegal presence and failure to depart after the expiration of a temporary visa. 3. Criminal Immigration violations include illegal entry, re-entry after deportation, and failure to depart after an order of removal. 4. Local police have no authority to arrest or unlawfully detain a person for a civil violation. See Essex County Prosecutor’s Memorandum #21-2009 (Dated April 23, 2009). Municipal Police officers lack qualified immunity in civil matters, and may be personally subject to legal action for unlawful detention, even if acting in good faith. C. NCIC/SCIC Immigration Hits Officers shall not arrest or unlawfully detain persons who are entered in the NCIC/SCIC system by U.S. Immigration and Customs Enforcement (I.C.E.) unless the entry is for a properly issued judicial criminal arrest warrant and only after the “Hit” confirmation process has been completed. A NCIC/SCIC immigration status warning “Hit” is not a judicial criminal arrest warrant and as such, officers have no authority to and shall not unlawfully detain or arrest on the basis of an immigration status warning only. D. Detainer vs. Warrant It is important for Supervisors, Officers, and Dispatchers to discern between an I.C.E. Detainer (DHS I-247) and a properly issued judicial criminal Arrest Warrant. New Jersey State law does NOT authorize local police to detain persons for immigration violations unless the NCIC Alert is supported by a properly issued judicial criminal Arrest Warrant. 1. DHS I-247 Detainer Any authorized immigration officer may at any time issue a Form I-247, Immigration Detainer Notice of Action, to any

iner Any authorized immigration officer may at any time issue a Form I-247, Immigration Detainer Notice of Action, to any Federal, State or Local law enforcement agency. A detainer serves to advise another law enforcement agency that I.C.E. seeks custody of the individual in the custody of that agency for the purpose of further investigation or for actual removal of that person. It should be noted that ICE administrative warrants, on their own, are civil in nature. A DHS I-247 detainer MAY or MAY NOT be supported by a judicial criminal arrest warrant. A detainer is a request from I.C.E. and not a court issued order if it is not supported by a properly issued judicial criminal Arrest Warrant. Officers shall not unlawfully detain individuals based upon a DHS Detainer only. 7:19-6 IMMIGRATION ENFORCEMENT June 13, 2017 Page 2 of 3

2. Judicial Criminal Arrest Warrant A Judicial Criminal Arrest Warrant is a legal order issued by a court that directs all sworn law enforcement officers to deliver a specific individual by means of arrest before the appropriate court. Police Officers have no discretion in deciding whether to arrest said individual and must take the named person into custody on a validly issued Judicial Criminal Arrest Warrant. 7-19-6c GENERAL MATTERS Additionally, unless a victim, potential witness or person receiving police assistance has been arrested for an indictable offense or for driving while intoxicated, no officer shall inquire or about and/or investigate the immigration status of any victim, witness or potential witness unless the County Prosecutor or Director of Criminal Justice determines otherwise in writing, or such inquiry is legally required. No individual under any circumstances shall ever be questioned about their immigration status by any member of the West Orange Police Department unless they have been lawfully placed under arrest for DWI, an indictable offense or otherwise required by law or upon being directed to do so by an attorney of the NJ Attorney General or Essex County Prosecutor’s Office. No member of the West Orange Police Dept. shall consider a person’s race, ethnicity or speech pattern as a factor in drawing any inference or conclusion that the person may be an undocumented immigrant. All personnel shall abide by the procedures and standards set forth in Directive 1:9 Profiling & Discriminatory Practices. In order to show respect for all individuals during encounters, WOPD personnel shall accept municipal IDs, foreign IDs/passports and other forms of valid identification without subjecting the carrier to additional scrutiny whenever plausible. This shall not seek to