Attorney General Gurbir Grewal said when he issued the directive last year, three counties had those agreements in place. The rules, which took effect in March, require a heads-up and an explanation if those agreements were to extend.
Salem County allowed its agreement to expire. But two counties, Cape May and Monmouth, made new agreements to work with ICE and help federal officers capture and deport undocumented immigrants — without informing the state.
Grewal said this is a violation of his directive, and he wants answers. “If you can’t trust your law enforcement officers to give you a straight answer, how can you help build that trust that we need to promote public safety in this state?” he said.
The deal authorizes sheriffs to aid in ICE enforcement, while the Immigrant Trust Directive clearly defines the differences between the duties of federal agents and those of state, county and local officials.
"Put simply, New Jersey’s law enforcement officers protect the public by investigating state criminal offenses and enforcing state criminal laws. They are not responsible for enforcing civil immigration violations except in narrowly defined circumstances," reads the directive. "Such responsibilities instead fall to the federal government and those operating under its authority."
The directive was established in part to continue to build trust between officers and immigrant communities, as they are less likely to report a crime if they fear officers will turn them over to ICE.
Grewal’s staff issued letters to sheriffs in Cape May and Monmouth counties, giving them until next month to explain themselves.
“It’s my hope that they will comply and provide the information,” Grewal added. “If not, if we have no information and we have no basis to approve their request, then I’ll have no choice but to deny their request and exercise my authority, which I have under the Criminal Justice Act to do so.”
KYW Newsradio contacted sheriffs in both counties but has not yet received a response.