Opinions differ on need for immigration checks

Some Monmouth County sheriff's officers will soon have new responsibilities — checking the immigration status of individuals being held at the Monmouth County jail, Freehold Township.

A group of sheriff's officers will undergo training that will enable them to check the immigration status of inmates already incarcerated at the jail. That is something no law enforcement personnel other than federal Immigration and Customs Enforcement (ICE) officers have been able to do until now.

Monmouth County Sheriff Kim Guadagno was recently informed that the county has been approved to implement a federal program known as 287(g) of the Immigration Reform Act of 1996.

The federal program will allow trained officers to check an individual's immigration status. The check is expected to prevent people who are in the United States illegally and who have outstanding warrants or immigration issues pending against them from being released back into the community.

In a statement she provided to Greater Media Newspapers, Guadagno said, "If you are an illegal alien and commit a crime in Monmouth County, you will be identified, turned over to federal authorities and deported, if appropriate. I am pleased that the secretary of Homeland Security agrees that this approach makes sense from a public safety point of view."

In addition to serving as the county sheriff, Guadagno has been selected by Republican gubernatorial candidate Chris Christie as his running mate for lieutenant governor.

Guadagno had previously explained that when the 287(g) program is employed, "an inmate's immigration status is immediately checked and any potential terrorists or crimes will immediately come to the attention of federal authorities."

Seeking approval to participate in the federal program was a goal for Guadagno when she successfully ran for the office of sheriff in 2007.

She said there are two types of 287(g) officers. One program authorizes officers to conduct an immigration search when they book an individual into the jail. That is the type of officer Guadagno applied for.

The second option, which was not requested by Guadagno, is termed a task force, in which municipal officers are authorized to work as ICE officers at a county and local level.

The training of the sheriff's officers will be paid by the federal government. The cost to the county will come in to pay for the individuals who will have to cover for the officers being trained. That amount is $8,000 per officer. Guadagno said that cost will be recouped by the money being paid to the jail by the U.S. government to house ICE detainees, which is $105 per prisoner per day.

Guadagno stressed that the officers who undergo the ICE training "are not authorized to, and will not investigate the status of families coming to visit prisoners or anyone else."

Freehold Borough Mayor Michael Wilson, whose community has been dealing with immigration issues for more than a decade, said he was glad the 287(g) program was approved at the county jail.

Wilson said he appreciated the fact that Guadagno took the initiative to pursue the program and to follow it through.

"I believe the county government is the appropriate level for this program. I always have," the mayor said. "We (the town) don't have the manpower" to deal with immigration matters.

He reiterated his previous statement that the 287(g) program "may not be the answer to illegal immigration in this country, but it is a step to making sure that criminals who are in this country illegally will not be let out on bail into the community and possibly commit serious crimes."

The implementation of the 287(g) program at the Monmouth County jail does not sit well with advocates for the Latino population, said Frank Argote-Freyre, who chairs the Monmouth County Chapter of the Latino Leadership Alliance of New Jersey.

Argote-Freyre, of Freehold Borough, called the program a "joke" and "useless."

"Sheriff Guadagno is a shameless political charlatan who is using the program's implementation as a political attitude to get re-elected and to push her into state political office," Argote-Freyre said. "She is building her political career on the backs of hardworking immigrants and I have absolutely no respect for what she is doing."

Argote-Freyre said alliance members are concerned about what he called "the stigmatization" aspect of the program.

"I don't know if it will have much impact anyway. If anyone thinks they are safer with this program in place, I have some bridges and some swamp land to sell," he said.

Argote-Freyre said state Attorney General Anne Milgram has already issued guidelines regarding this issue.

He was referring to an August 2007 order from Milgram which directs all police jurisdictions to question the citizenship and immigration status of people arrested for an indictable crime or for driving while intoxicated, and to notify ICE of such persons suspected of being in the United States illegally.

"If an undocumented immigrant is charged with any indictable crime, he will be asked to give his status. This has nothing to do with 287(g). It has to do with the attorney general's directive.

"This is a program without a purpose. The Monmouth County jail has only 1 percent of foreign-born inmates, according to the sheriff's 287(g) application. And the percentage of those who are undocumented is even less," Argote-Freyre said. "This program is being used to promote the political career of Sheriff Guadagno. No one is any safer here. Those who are anti-immigrant will make her out to be a political superstar and a crime-fighting figure. This is not Wyatt Earp. It's all smoke and mirrors."

Argote-Freyre said members of the alliance will monitor the program and assess what the cost is to taxpayers "in this economic recession."

"We will continue to seek to oppose it in any way we can and we will express that opposition to everyone who will listen," he added.

In response to Argote-Freyre's statement, Guadagno said she is honoring a promise she made during her 2007 campaign.

"This has nothing to with politics. This has everything to do with public safety," Guadagno said. "The sheriff has the responsibility for the safety of all the people in Monmouth County. This program will prevent undocumented aliens who have committed crimes from being released on bail."

Angel Matos, of Keyport, who serves the Monmouth County Chapter of the Latino Leadership Alliance of New Jersey as its secretary, said the alliance members have been and continue to be vehemently opposed to the 287(g) program.

"The premise (Guadagno) is working on is to put this in place only in the jail," he said. "It seems over the top knowing that the Monmouth County jail houses detainees for ICE. She already has tools and processes to flush out severe criminals."

Matos said the alliance "tried to head off this plan," but was unsuccessful.

"This seems to be the core of the Republican platform and she (Guadagno) is a Republican," he said.

He said the program amounts to wasteful spending.

"It is important that taxpayers know this," he said.

Matos predicted that the implementation of the 287(g) program will damage the relationship between the Latino community and law enforcement officials.

"It will severely damage the relationship between the community and local law enforcement officers who have worked hard on establishing the relationships. Not only is it bad on the financial front, but it undermines the work and the rapport these folks who patrol their neighborhoods have established with their communities," he said, adding that the program would put the Latino community "further into the shadows."

"They will be afraid to report crimes and to serve as witnesses," Matos said.

Contact Clare Marie Celano

at ccelano@gmnews.com.