Toms River, NJ – Ocean County’s approach to handling Immigration and Customs Enforcement (ICE) detainers remains unclear, with local officials caught between state mandates and federal immigration enforcement.
Commissioner Jack Kelly of Ocean County has admitted to uncertainties regarding compliance with the New Jersey Immigrant Trust Directive and orders from the state’s Attorney General, which explicitly instruct local law enforcement not to hold individuals solely on the basis of an ICE detainer.
“I want to cooperate with ICE,” Kelly said. “It’s always been my directive and it still is,” Kelly said in an interview with the Asbury Park Press.
When asked whether or not the county is in compliance with the state’s directives, he added, “Who knows? But we’re doing it anyway.”
Despite this ambiguity, Ocean County Jail currently holds several dozen undocumented immigrants who have been arrested for a range of criminal offenses. These crimes range from minor offenses like shoplifting to more severe charges such as assault, and even a gruesome murder case involving two individuals who were in the country illegally.
The situation in Ocean County reflects a broader national debate on the intersection of local law enforcement, state policy, and federal immigration enforcement. The New Jersey Immigrant Trust Directive, aimed at fostering trust between immigrant communities and local law enforcement by limiting cooperation with ICE, has placed county officials in a challenging position. They must navigate between local law enforcement duties and adherence to state directives, all while managing public safety concerns.
Local advocates and legal experts have expressed concerns over the implications of holding individuals on ICE detainers, particularly in light of state mandates. “Holding someone beyond their legal release date based on an ICE detainer can raise serious legal issues, including violations of constitutional rights,” noted a local civil rights attorney, speaking anonymously due to ongoing cases related to the issue.
On the other hand, community members pushing for stricter immigration enforcement argue that such detentions are necessary for public safety, especially when individuals are accused of serious crimes. “The priority should be protecting our community from criminal acts, regardless of immigration status,” said a resident at a recent county meeting discussing public safety.