MIDDLESEX COUNTY POLICY REGARDING

INTERACTION WITH HOMELAND SECURITY’S

IMMIGRATION AND CUSTOMS ENFORCEMENT (“ICE”)

The County of Middlesex has and will continue to cooperate with all law
enforcement agencies at the local, state and federal levels in order to ensure the safety
of its residents. Notwithstanding, the Board of Chosen Freeholders has determined that
it is in the best interest of Middlesex County to adopt a clear policy regarding
immigration matters and the interaction between agents, officers, or other
representatives of Homeland Security’s Immigration and Customs Enforcement (“ICE”)
and the Middlesex County Adult Correction Center and Sheriff’s Department.

I. Adult Correction Center

A. It has recently been ruled by the United States Court of Appeals for the Third
Circuit, which covers the State of New Jersey, that compliance with 48 hour civil
detainers requests from ICE (currently Form I-247A) to local law enforcement
authorities, prisons, and jails, is not mandatory but, rather, is voluntary. Therefore, it
shall be the general policy of the County of Middlesex to decline 48 hour civil detainer
requests from ICE (hereinafter referred to as “detainer requests”) for any individual
currently being held in the Adult Correction Center on any criminal charge or other
violation except under the following two circumstances in which circumstances the
County will honor the detainer requests;

1. When the subject of a detainer request has been previously convicted

of a first or second degree serious offense (listed below as items a
through e), or the equivalent offenses in any other jurisdiction outside of
the State of New Jersey.

a. Offenses Involving Danger to the Person or Community

i. Criminal homicides, 2C:11-2
a. Murder, 2C:11-3
b. Manslaughter, 2C:11-4
c. Death by vehicular homicide, 2C:11-5
ii. Aggravated Assault, 2C:12-1
iii. Offenses involving a “deadly weapon,” as defined in 2C:11-
1c (firearms, stun gun, knives, simulated weapon)
iv. Offenses causing “serious bodily injury” or “significant bodily
injury,” as defined in 2C:11-1 b and d
v. Sexual Assault and Aggravated Sexual Assault, 2C14-2
vi. Terroristic threats during a declared period of national, State
or County Emergency, 2C:12-3
vii. Kidnapping, 2C:13-1
viii. Luring or enticing a child, 2C:13-6
ix. Human trafficking, 2C:13-8

Revised as of May 31, 2017

 x. Robbery, 2C:15-1
xi. Carjacking, 2C:15-2
xii. Bias Intimidation, where there is an underlying crime
connected to the bias intimidation that is a crime of at least
the third degree or higher 2C:16-1

b. Offenses Against Property

i. Arson, 2C:17-1(a)
ii. Causing or risking widespread injury or damage, 2C:17-2(a)
iii. Burglary, 2C:18-2a&b.(1) & (2)
iv. Theft of $75,000 or more, or property is taken by extortion;
or the property stolen is CDS or a CDS analog, in excess of
1kilogram, or the property stolen is a person’s Federal or
State benefits, or from any other source, 2C:20-2b(a), et
seq.

c. Offenses Against Others

Endangering the Welfare of children, 2C:24-4

d. Offenses Against Public Order, health and Decency;

i. Controlled Dangerous Substances, 2C:35-1, et seq.
ii . Soliciting or recruiting gang members, in the course of which
significant bodily injury is inflicted upon another, 2C:33-28c.
iii. Anti-Terrorism Act, 2C:38-1, et seq.

e. Other Offenses
i. Escape or Eluding an officer, if the flight or attempt to elude
creates a risk of death or injury to any person, 2C:29-2, et
seq.
ii. Tampering with Witnesses and Informants-Retaliation
against them, if the actor uses force or the threat of force,
2C:28-5

OR

2. When the subject of a detainer request has been the subject of a Final
Order of Removal/Deportation issued and signed by a Federal Judge.

B. When any agent, officer or other representative of ICE requests access to the
Adult Correction Center to interview any individual in custody, such individual shall first
be provided with a written fact sheet by the Correction Center personnel outlining
various rights that such individual possesses with respect to such requested interview
by ICE.

Revised as of May 31, 2017

II. Sheriff’s Department

A. The provisions of Sections IA and IB under Adult Correction Center above

pertaining to detainer requests shall apply also to the Sheriff’s Department for any
individual in their custody.

B. In carrying out any of their duties no Sheriff’s Officer shall in any way assist
any agent, officer or other representative of ICE in the detention of any individual not in
the custody of the County unless necessary to assist in the arrest of any individual for a
crime in progress and/or assistance is in the immediate interest of public safety.

III. General Policies

A. It shall further be the general policy of the County of Middlesex that the Adult
Correction Center and/or Sheriff’s Department, when presented with a Warrant of Arrest
of Alien (currently Form I-200) to not detain or turn over any inmate or other individual in
their custody to ICE unless the warrant shall be accompanied by an arrest warrant
issued and signed by a Federal Judge.

B. It shall further be the general policy of the County of Middlesex that the Adult
Correction Center and/or Sheriff’s Department, when presented with a Warrant of
Removal/Deportation (currently Form I-205) to not detain or turn over any inmate or
other individual in their custody to ICE unless the warrant shall be accompanied by a
Warrant of Removal/Deportation issued and signed by a Federal Judge.

C. It shall further be the general policy of the County of Middlesex that neither it
nor the Adult Correction Center or Sheriff’s Department shall enter into any Section
287(g) agreements with ICE.

Revised as of May 31, 2017