NJ ICE Reports

Caitlin Russell filed this request with the Office of the Attorney General - New Jersey of New Jersey.
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From: Caitlin Russell

To Whom It May Concern:

Pursuant to Open Public Records Act ("OPRA"), I hereby request the following records:

-All annual reports required under Law Enforcement Directive 2007-3, that have been created from 2007 to the present

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 7 business days, as the statute requires.

Sincerely,

Caitlin Russell

From: Office of the Attorney General - New Jersey

Dear Ms. Russell:

The Department of State is in receipt of your Government Records Request W126085 (see below).

Can you please explain what type of annual reports are "required under Law Enforcement Directive 2007-3"? I do not know that they are filings in our department. For example, they might be corporate filings in the Division of Revenue and Enterprise Services in the Department of the Treasury as that agency took over the commercial recording function of the Secretary of State's Office many years ago.

Thanks in advance for the clarification.

Sincerely,

Joseph R. Klett
OPRA Coordinator
New Jersey Department of State

From: Caitlin Russell

Hello Mr. Klett,
I apologize for my late reply, but per your request I'm writing to clarify my Open Public Record Act request for "all annual reports required under Law Enforcement Directive 2007-3, that have been created from 2007 to the present."
Many local law enforcement agencies in New Jersey have agreements with Immigration and Customs Enforcement (ICE) under U.S.C Subsection 1357(g). These departments are commonly known as "Section 287(g) agencies." The agreements grant local police the right to inquire about the immigration status of anyone arrested for an indictable offense, or for driving under the influence if they have reasonable suspicion that the person is not in the United States legally.
If local police arrest a person who is found to be in the country illegally they must alert ICE of the arrest during the arrest and booking process. In addition to notifying ICE, the local police are required under Law Enforcement Directive 2007-3 to notify the appropriate County Prosecutor. The County Prosecutors are required to make annual reports to the State of New Jersey's Director of the Division of Criminal Justice (The Director) detailing the total number of notifications made to ICE pursuant to Law Enforcement Directive 2007-3. The Director in turn is required to make the aggregate data public every year.
I've been unable to find the reports posted publicly, so I was hoping that since the Attorney General's Office of New Jersey issued the directive, you may have these reports on file. Please let me know if you do, or if I ought to be making this request to a different agency. I've attached a PDF of Law Enforcement Directive 2007-3 to this email. If need be, I'd be happy to further clarify this request. Thank you for your assistance.

Best,
Caitlin Russell

From: Office of the Attorney General - New Jersey

Dear Ms. Russell:

Based on you subsequent communication (below), it appears that your Government Records Request W126085 relates to records of the Attorney General's Office. However, you directed it to the Department of State's Office of Laws and Commissions, on whose behalf I am responding.

I recommend that you send a request for the records you seek to the Office of the Attorney General in the Department of Law and Public Safety. Please be advised that government records requests are not transferrable and must be responded to by the recipient agency based on the records held by that agency solely.

In light of the above, we must and hereby do technically deny your request to the Department of State on the grounds that it seeks records not owned by this agency.

Sincerely,

Joseph R. Klett
OPRA Coordinator
New Jersey Department of State

From: Caitlin Russell

Hello,
I see, thank you so much for pointing me in the right direction. I apologize for taking up your time unnecessarily. Enjoy the rest of your week!
Best,
Caitlin

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