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

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