ASSELTA, CLARK, DONOHUE: MILGRAM ORDER A GOOD FIRST STEP, BUT MUST GO FURTHER

By Bill Pascoe

ASSELTA, CLARK, DONOHUE: MILGRAM ORDER A GOOD FIRST STEP, BUT MUST GO FURTHER

(VINELAND August 23) -- First District Senator Nick Asselta and his Assembly running mates, Norris Clark and Michael Donohue --responding to Attorney General Anne Milgram’s directive to state and local law enforcement authorities yesterday to make immigration checks a regular part of routine police procedure, and requiring state and local law enforcement authorities to notify Federal officials when they have reason to believe a suspect is in the country illegally -- today lauded her order and called on her to expand the list of alleged offenses that fall under the directive.

“I’m glad the Attorney General has followed up on our proposal of last week, to have state and local law enforcement authorities cooperate with Federal Immigration and Customs Enforcement authorities,” said Asselta. “Illegal immigrants must be made to understand that New Jersey is no longer a place for them.

“But the Attorney General’s directive doesn’t go far enough,” Asselta continued. “By limiting the list of relevant offenses only to those which are ‘indictable’ or for drunk driving, the Attorney General has left OFF the list too many serious offenses.

“For instance, under this new directive, assailants in most domestic violence crimes would not have their immigration status checked. Nor would those who purchase a law enforcement badge, or those who commit theft or pass a bad check or shoplift $200 or less. Arrest for any of those offenses, too, should require a status check.

“The Attorney General,” Asselta added, “apparently isn’t the only one who’s come around to see the value of our proposals for tougher state-level enforcement. Last week, when Norris, Mike and I issued our first set of proposed reforms to state law regarding illegal immigration, Democrat Jeff Van Drew told the Press of Atlantic City that ‘lax enforcement of immigration rules is a federal shortcoming, not a state failure,’ before going on to say we were ‘full of beans’ for offering constructive proposals. Coming from a man who refused to take us up on our offer of a clean campaign, that wasn’t surprising. Jeff’s 180-degree, triple back somersault flip flop yesterday on immigration enforcement, though, IS a bit surprising -- unless you put it in the context of his previous flip flops on his 2003 budget vote, or his June 2007 vote to give the Governor a blank check to prepare to sell our toll roads … in which case nothing he DOES is surprising. About the only thing you can say about Jeff Van Drew’s consistency these days is that he’s a consistent flip-flopper.”

“Protecting the security of its citizens is government’s fundamental function,” said Clark. “It makes no difference to a victim whether a criminal has broken a federal law, a state law, or a local ordinance -- all the victim knows or cares about is that he or she has just been victimized. Two wrongs, as our mothers taught us, do not make a right -- just because an illegal immigrant is here because of the Federal Government’s failure to secure our borders, that doesn’t excuse state and local law enforcement authorities from doing THEIR jobs.”

“Every week, in my role as a local prosecutor, I see the cost of crimes committed by illegal immigrants,” added Donohue. “It’s long past time for Trenton to step up and fill the breach left by Washington’s failure to act. The Attorney General’s decision to follow up on our proposals is a welcome first step, but Nick is right -- there are still too many offenses that fall outside the scope of her new directive.

“An illegal immigrant who offers a false statement for filing by a public agency, or who submits a written false statement or forged document with purpose to mislead a public servant, or who submits a fictitious report to law enforcement authorities, or who possesses a falsely made or forged motor vehicle insurance card, or who obstructs justice, hinders apprehension or resists arrest in connection with a disorderly persons offense,” Donohue added, “should have his or her status checked, too.”

Following is a partial list of offenses that fall outside the scope of the Attorney General’s new directive:

are domestic violence assailants
are in possession of less than 50g of marijuana/paraphernalia
are defiant trespassers
commit theft/passes a bad check or shoplift $200 value or less
uses fake ID to buy alcohol or tobacco
purchase a law enforcement badge
possesses a falsely made, forged, etc. motor vehicle insurance card
defrauds a merchant with a forged receipt
offers a false instrument for filing by a public agency
tampers with an odometer and misstates mileage in used motor vehicle sale
inserts a slug, key, tool, instrument, explosive or other device in a coin, currency or credit card activated machine with purpose to defraud
knowingly engages in the unauthorized practice of law
engages in bigamy
endangers the welfare of an incompetent person
commits an act of criminal restraint/false imprisonment
commits a lewd act (witnessed by someone who does not consent who is over 13 and not suffering from mental disease or defect)
commits criminal mischief causing loss of $500 or less
submits a written false statement or forged document with purpose to mislead a public servant
submits a fictitious report to law enforcement
tampers with public records or information
impersonates a public servant other than a law enforcement officer
obstructs justice, hinders apprehension or resists arrest in connection with a disorderly persons offense
loiters for the purpose of illegally using, possessing or selling drugs
engages in harassment or obstruction of traffic
possesses alcohol in public under age
brings alcohol onto school grounds
offers alcohol to minors
engages in prostitution/loiters for purpose of engaging in prostitution
distributes prescription drugs unlawfully in four or fewer dosage units