Borough Debates Extent of Police Involvement in Immigration Raids

Candace Braun

An ordinance that would eliminate Borough Police involvement in matters of immigration enforcement in Princeton was examined by Borough Council at its meeting on Tuesday, October 26.

The ordinance was presented by Ryan Stark Lilienthal, an immigration attorney and Borough resident who served as a councilman from 1998 until 2001. The ordinance was triggered by the immigration raid that took place on October 13, when the Borough was asked to assist the Immigration and Customs Enforcement (ICE) of the Department of Homeland Security in a raid that resulted in the removal, in handcuffs, of eight males who had been living at a Witherspoon Street residence, said Maria Juega, chair of the Latin-American Legal Defense and Education Fund in Princeton.

According to Borough Police Chief Chuck Davall, the police had a very limited involvement in the raid, only providing a safe watch for security reasons. However, the incident reduced the level of trust that the Latino community has with the Borough Police, he said: "There is a concern that [the immigrants] won't come to us for help because of fear of deportation."

Part of this concern comes from ICE identifying themselves as Borough Police when knocking on the door before the raid, he added.

Chief Davall was able to confirm that eight people were arrested, two because ICE had warrants for their arrest, one because he had been deported and had returned to the country, and the other five because they were unable to provide proper documentation.

He added, however, that the Borough Police in no way instigated the arrests, and did not assist in performing the raid: "It was just an immigration and customs enforcement operation."

Borough Police could not provide information regarding the outcome of the arrests. Calls made to ICE were unreturned by Town Topics deadline.

Mr. Lilienthal's ordinance would require Borough Police not to ask residents for any personal information regarding citizenship status unless required by law; even then, the information would be kept confidential.

While local police had minimal involvement in the recent raid, according to Mr. Lilienthal, the impact has been detrimental, "sending a wave of fear throughout the community." If immigrants are fearful of interaction with police, it could put them and others at risk in instances such as a fire, a motor vehicle accident, or any other situation where a person is required to give the police their personal information.

In addition, immigrants may begin to feel that they can't apply for benefits such as health insurance, which could become a detriment not only to their own health, but their children's, said Mr. Lilienthal: "People eligible for benefits should be able to seek them without being fearful of their local government."

Other examples he cited included a woman in a physically abusive relationship who is too afraid of the police to report the abuse, or a witness to a crime who won't come forward because they would have to provide personal information.

One documented example Mr. Lilienthal gave was of a man who had stopped to change a flat tire and was met with assistance by a police car passing by. That man has since been deported to Guatemala, he said, adding that one of the reasons for local police not to get involved is that they could be subject to an immigration lawsuit.

Chief Davall said that he was also disturbed by the impact the raid had on the community: "I agree with the spirt of [the ordinance] and the reasons [Mr. Lilienthal] is proposing it."

His concern, however, was for how the police would operate under the ordinance: "We're a law enforcement agency and we're supposed to assist other law enforcement officials when possible."

The ordinance has been referred to the Mercer County Prosector's Office to determine how it would fare with the state's immigration laws, after which it will be sent to the Borough's public safety committee.

In addition, Borough Attorney Michael Herbert is drafting a resolution for Council that would prohibit immigration officials from identifying themselves as police officers when performing a raid.

Both will be discussed by Council at a regular meeting later this month.