MAPLEWOOD POLICE OPERATIONAL ORDER SUMMARY FOR WELCOMING RESOLUTION



SUMMARY OF MAPLEWOOD POLICE DEPARTMENT OPERATIONAL ORDER IMPLEMENTING TOWNSHIP RESOLUTION 3-17 ("WELCOMING COMMUNITY")

Purpose of the Operational Order
-       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. 
-       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.
-       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.
-       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.
-       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
-       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.
-       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.

-       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.
-       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.
-       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
-       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.
-       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.
-       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.
-       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.
-       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
-       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.
-       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.
-       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.
-       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.
-       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
-       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:
o     The fair and impartial treatment of victims, witnesses, and all citizens irrespective of their immigration status;
o     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
o     The prohibition of racial profiling and bias-based policing.
-       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.
-       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.
-       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.
-       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.
-       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. 
-       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
-       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.
-       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.
-       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.
-       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.
-       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.
-       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
-       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.
-       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.
-       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.
-       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.
-       The Operational Order will be reviewed by the Chief of Police annually for updating purposes.

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