Immigrants Rights Resolution is Heard; But Committee Declines Adoption

Matthew Hersh

Despite repeated assurances that undocumented immigrants should not fear being reported to Federal Immigration officers if they are involved in a police-related incident, Township Committee Monday night decided against passing a resolution that would have effectively rubber-stamped that unwritten sentiment.

Representatives of the Latin American Legal Defense and Education Fund appeared before committee hoping to have a resolution passed similar to one passed by the borough last month. That immigrant reform resolution was passed in light of incidents where the federal Immigrations and Customs Enforcement (ICE) sought assistance from Borough Police in a raid on nine undocumented immigrants.

The resolution also assured Hispanics that if they are attacked in bias crimes, as has occurred in the past several weeks, they should report the incidents to the police, without fear of being reported to immigration agents.

A draft resolution was submitted to committee in hopes of discouraging local police from taking part in the raids, said Ryan Lilienthal, an immigration attorney.

"The national government has more interest in having local law enforcers handling immigration issues," he said, adding the resolution would aim to "restore the trust between the immigrant community and law enforcement."

But, while committee agreed with the ideals put forth in the draft resolution, members said they did not believe a resolution was needed to adhere to already-practiced police handlings.

"I would like to think that the residents [already] have trust in the Township Police Department," Township Mayor Phyllis Marchand said. "A piece of paper is not going to specifically make you more comfortable."

Mayor Marchand suggested setting up meetings between representatives of the Hispanic community and Township Police. As far as creating a dialogue between community and local law enforcement, "the status of the resident is irrelevant, [and] you should not feel intimidated by calling the police, the hospital, or anyone else," she said.

Lt. Mark Emann of Township Police said the department was not "actively going out and looking for people" with undocumented status, adding that if the police respond to a call and discover an individual is undocumented, they will "take care of the call and that's it."

"We don't report them to immigration. It's not in our interest."

The mayor said the Township would pursue the aggressor and not the immigrant status of the victim.

Committeeman Bernie Miller questioned the efficacy of a resolution in the Township, worrying that it would act only as lip-service.

"If we pass a resolution, it'll get into the newspapers, it'll make some headlines, but a resolution is not a plan of action, it doesn't, by itself, solve problems."

Ed Schmierer, Township attorney, said it is not necessarily the responsibility of the governing body or local law enforcement to carry out federal immigration laws. "We are looking after the community," he said.

According to Mr. Lilienthal, 365 municipalities in the U.S. have passed similar resolutions.

Township Hall

In other business Monday night, the Township Committee decided to table an item on its consent agenda that would appropriate no more than $30,000 in improvements for the Township Municipal Complex.

According to Township Administrator James Pascale, the building would be equipped with various improvements such as improved handicap accessibility and other physical enhancements.

The item was removed from the agenda to be discussed at as-yet-determined date.