SUMMARY OF MAPLEWOOD POLICE DEPARTMENT
OPERATIONAL ORDER IMPLEMENTING TOWNSHIP RESOLUTION 3-17 ("WELCOMING
COMMUNITY")
Purpose of the Operational Order
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The purpose of the
Operational Order is to set forth how the Maplewood Police Department will
comply with the Township of Maplewood Resolution 3-17, also known as the
“Welcoming Community Resolution”, which was passed by the Maplewood Township
Committee on January 17, 2017.
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That resolution
specifically directed the Chief of Police to create an Operational Order
outlining certain Maplewood Police Department policies, procedures, and
training with respect to the enforcement of immigration law.
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The Operational Order
recognizes that it was the intention of the Maplewood Township Committee through
Resolution 3-17 to clarify the mission of the Maplewood Police Department with
respect to immigration law enforcement.
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The Operational Order
outlines the specific responsibilities and prohibitions for both the sworn
police officers and civilian employees of the Maplewood Police Department with
regard to the equal, respectful, and dignified treatment of all
people regardless of their immigration status.
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The Operational Order
also outlines the mandatory training of Maplewood police officers to clarify
their existing lawful authority and their limitations for the enforcement of
immigration laws consistent with the intentions and conditions set forth by the
Maplewood Township Committee, federal statutes and regulations, state law and
directives, and court orders.
The Maplewood Police Department’s Role in Our Community
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The Maplewood Police
Department's overriding mission is to enforce state and local criminal laws and
to protect the community it serves. That mission has not been, nor will it be,
the enforcement of federal immigration laws.
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The Maplewood Police
Department's Mission Statement (adopted in 2011) states that the mission of the
Maplewood Police Department is to serve and safeguard all persons within the
Township in a fair, safe, professional, and considerate manner consistent with
the law and established goals of the community. The Maplewood Police
Department, in partnership with the community, will endeavor to prevent,
identify, and suppress criminal activity through a variety of creative and
appropriate proactive and reactive means while ensuring that the rights of all
citizens are recognized, respected, and preserved. The Maplewood Police
Department will strive to maintain the highest standards of conduct and
proficiency while seeking to provide a supportive and personally enriching
workplace for the members of the organization.
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Consistent with this
mission, the Operational Order confirms that it is the duty of Maplewood police
officers to perform their duties in compliance with and conformance to existing
law, including the responsibility and authority to investigate suspicious and
criminal behavior and to take appropriate and lawful actions to preserve and enhance the safety of
the community and all citizens, irrespective of an individual's immigration
status.
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The Maplewood Police
Department recognizes the importance of building and preserving strong
community relationships with all residents regardless of their immigration
status, in order to enhance the safety and security of the entire community.
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The Maplewood Police
Department further recognizes that mutual respect and trust between the
community and the police are critical to promoting public safety, since the
police depend on the cooperation of individuals, whether documented or not, who
are victims of or witnesses to crimes.
Maplewood’s Commitment to Fair, Impartial Policing
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The Maplewood Police
Department is bound by and operates according to existing law and policy with
regard to fair and impartial policing practices, including NJ Attorney
General's Directive 2005-1. Based upon that directive and New Jersey law,
officers of Maplewood Police Department shall not engage in racially influenced
policing.
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Training to prevent
bias-based policing has been established and conducted for all officers since
2005 to conform to New Jersey law and Directive 2005-1. It is presently part of
the New Jersey Basic Police Academy curriculum and all Maplewood Police
Officers receive such training.
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As with all
departments, employees, and officials of the Township of Maplewood, the
Operational Order provides that the Maplewood Police Department shall comply
with the United States and New Jersey Constitutions, New Jersey Attorney
General Directives, and Federal and State Nondiscrimination Laws; shall not
take any actions that profile individuals or groups based on religion, race,
ethnicity, national origin or immigration status; and shall not engage in
racially-influenced policing as defined in New Jersey Law Enforcement Directive
No. 2005-1.
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In accord with
existing law, directives, and policy, the Operational Order provides that Maplewood
Police Department actions shall not be based upon race or any other
characteristic prohibited by law.
Maplewood Police Officers shall not rely on actual or perceived national
origin, immigration or citizenship status, race,
ethnicity, language proficiency, marital status, status as a victim of domestic
violence, or status as a veteran or any other characteristic prohibited by law,
as the sole criteria for initiating any investigative inquiry, police
investigation, or enforcement action.
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When acting in
compliance with New Jersey laws and directives, Maplewood police officers
retain their full legal authority to lawfully inquire with, lawfully
investigate, lawfully detain or lawfully arrest individuals in order to carry
out the police duties conferred upon them by state law and local ordinance.
The Maplewood Police Department’s Role With Respect to
Immigration Laws
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As mandated by the
Township Committee, no Maplewood Township department, employee, or official
shall take part in the registration or reporting of individuals based on
religion, race, ethnicity, national origin, or immigration status.
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The Operational Order
confirms that the Maplewood Police Department's overriding mission is to enforce
state and local criminal laws and to protect the community it serves, and not
to administer federal immigration laws. The Federal Government is the authority
responsible for enforcement of immigration law.
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The Maplewood Police
Department shall adhere to the directives and guidelines of the New Jersey
Attorney General with respect to the manner in which local law enforcement
agencies interact with federal immigration authorities, including but not
limited to New Jersey Attorney General's Directive 2007-3, which establishes
the manner in which local, county, and state law enforcement officers shall
interact with federal immigration authorities.
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The Maplewood Police
Department, like all other Township of Maplewood departments, employees, and
officials, shall not expend Township funds or resources to enforce federal
immigration laws unless required by federal or state statutes, regulations,
court decisions, or directives and guidelines issued by the New Jersey Attorney
General.
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The Operational Order
mandates that the Maplewood Police Department shall not be a party to or
participate in immigration enforcement programs authorized under Section 287(g)
of Title 8 United States Code 1357(g).
The Procedures Established in the Operational Order
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The Operational Order
requires that all officers of the Maplewood Police Department learn, review as
necessary, and adhere to the restrictions and responsibilities for police
officers established in Resolution #3-17, the Operational Order and in Directive
2007-3. Such responsibilities include:
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The fair and impartial
treatment of victims, witnesses, and all citizens irrespective of their
immigration status;
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The requirement of
officers to notify immigration authorities of an arrestee's citizenship,
nationality, and immigration status when an officer makes an arrest for an
indictable crime or driving while intoxicated; and
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The prohibition of
racial profiling and bias-based policing.
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The Operational Order
confirms that Maplewood Police officers are not responsible for and not
authorized to conduct the enforcement of federal immigration laws, and that the
federal government and its agencies are the authorities solely responsible for
enforcement of federal immigration laws.
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The Operational Order
recognizes that federal immigration laws contain both civil and criminal
aspects. Civil immigration violations
include, for example, illegal presence and failure to depart after the
expiration of a temporary visa. Criminal
immigration violations include illegal entry, re-entry after deportation, and
failure to depart after an order of removal.
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The Operational Order
acknowledges that the Maplewood Police Department officers have no authority to
arrest or unlawfully detain a person for a civil immigration violation. In fact,
it points out specifically that municipal police officers lack qualified
immunity in civil matters, and may be subject to legal action for unlawful detention, even if
acting in good faith.
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The Operational Order
also distinguishes between United States Immigration and Customs Enforcement detainers and warrants. It explains that a detainer is a request from I.C.E. and not a
court-issued order if it is not supported by a criminal arrest warrant. An arrest warrant, on the other hand, is a
legal order issued by a court that
directs sworn law enforcement officers to deliver a specific individual by
means of arrest before the appropriate court.
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The Operational Order
specifically prohibits Maplewood Police
Department officers from detaining individuals based only upon a detainer and provides that no departmental resources
will be expended to comply with a detainer.
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When there is a
validly issued arrest warrant, police officers have no discretion in deciding
whether to arrest the individual named in the warrant and must take the named person into
custody. This is true regardless of the
nature of the criminal charge, immigration-related or otherwise. However, the Operational Order does require
that officers verify the status and validity of an arrest warrant before
executing it, taking an individual into custody, or delivering that individual
to the court that issued the warrant.
Maplewood Police Department’s Interactions with Federal
Immigration Authorities
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The Maplewood Police
Department shall provide the appropriate, legally required level of assistance
to federal authorities for immigration law enforcement, consistent with the
provisions of the Operational Order and only
when requested or for a non-immigration enforcement public safety
emergency.
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The Operational Order
sets forth the procedure to be followed when an officer receives a request from I.C.E. for police assistance
in an enforcement operation. The request
shall be referred to a Shift Commander.
The Shift Commander, in consultation with a Captain and/or the Chief of
Police, shall review the request and direct the proper police assistance based
on the potential affects to the prevailing public safety circumstances.
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For the purpose of
tactical and safety reasons, officer(s) will be assigned to accompany the
federal agents to the location of the enforcement activity, but shall not take an active arrest role in the
immigration enforcement action.
Maplewood Police Officers shall not enter a structure to arrest, or
interview, or otherwise participate in an immigration enforcement action inside
of any location, but may, in the interest of public safety, provide emergency
police presence or assistance in case of a disturbance or other public safety
concern that may arise as a result of the immigration enforcement action.
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Officers will provide
assistance in the form of information, referrals, and any other basic need or
social service a resident may require as a result of the actions. Additionally, whenever possible, the local
Director of Welfare Services
should be provided the names and contact information of any adversely affected
individuals so that assistance may be provided.
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Immigration
enforcement requests and immigration-related actions conducted by the Maplewood
Police Department will be documented and a periodic report of immigration-
related actions will be provided to the Township Committee.
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Requests for information
from the public or press regarding immigration enforcement requests and
immigration-related actions conducted by the Maplewood Police Department shall
be directed to the Public Information Officer of the Police Department.
Training and Compliance
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Every member of the
Maplewood Police Department shall be provided written and in-person training
regarding the responsibilities of officers and employees to comply with the
provisions of the Operational Order and the provisions of Resolution 3-17.
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The training will
reiterate the requirements of the New Jersey Attorney General's guidelines
regarding immigration law enforcement, prohibitions against racially biased
policing, and a review of New Jersey civil rights law.
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Ongoing training for
officers to ensure fair and impartial policing, the prohibition of racially
influenced policing, and the prohibition of racial profiling shall be conducted
in compliance with the New Jersey Attorney General's guidelines.
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All Maplewood Police
Department personnel, sworn and civilian, shall be responsible to adhere to the
provisions of the Operational Order.
Violations of the order or any police misconduct shall be reviewed and
processed though the standard Internal Affairs policy and process of the
Maplewood Police Department and in compliance with the New Jersey Attorney
General's Guidelines on Internal Affairs.
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The Operational Order
will be reviewed by the Chief of Police annually for updating purposes.
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