MPD unveils procedures to keep Maplewood a ‘welcoming city’

MAPLEWOOD, NJ — The Maplewood Police Department recently unveiled its Welcoming Community Order, which includes guidelines and directives, to instruct police officers in administering safety while keeping to Maplewood’s stated goal of being a “welcoming city.” This designation means the township recognizes that it is the federal government’s responsibility to enforce immigration law, not a municipality’s; as such, Maplewood and its employees will not enforce immigration law beyond what is directed in state law.

“On behalf of the Maplewood Police Department, I am pleased to provide the public with a copy of our Welcoming Community Order which has been drafted to comply with Maplewood Resolution 3-17, established by the Maplewood Township Committee,” Maplewood Police Chief Robert Cimino wrote in a recent email. “The Maplewood Police Department recognizes that our mission to provide safety and security for the entire community is best achieved through the cooperation of all individuals, whether documented or not. This order outlines the responsibilities of the members of the Maplewood Police Department with regard to fair and impartial treatment of all people, regardless of their immigration status.”

Designating the township as a welcoming city, the Maplewood Township Committee passed Resolution 3-17 on Jan. 17, directing Cimino to create an operational order outlining certain Maplewood Police Department policies, procedures and training with respect to the enforcement of immigration law. According to the police order, the document memorializes the intent of Resolution 3-17 and outlines specific responsibilities and prohibitions of certain actions by the sworn police officers and civilian employees of the Maplewood Police Department, specifically with regard to the equal, respectful and dignified treatment of all people regardless of their immigration status.

“To be clear, 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 order read. “This order will memorialize the authority of the sworn Maplewood police officers to perform police duties in compliance with and conformance to existing law, including the responsibility and authority of Maplewood police officers 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 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, statute, regulations, directives and court orders.

“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 for the entire community,” the order read. “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.”

The policy, as stated in the resolution and order, is as follows, in part:

“All departments, employees and officials of the township of Maplewood 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.

“No department, employee or official of the township of Maplewood shall take part in the registration or reporting of individuals based on religion, race, ethnicity, national origin or immigration status except, in the case of the Maplewood Police Department, as required by N.J. attorney general’s directives.

The procedure, as stated in the order, is as follows, in part:

“All sworn police officers of the Maplewood Police Department shall learn, review as necessary, and adhere to the restrictions and responsibilities for police officers (which) include but are not limited to: the fair and impartial treatment of victims, witnesses and all citizens irrespective of their immigration status; the prohibition of racial profiling and bias-based policing; and (the) responsibility 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, per NJ Attorney General Directive 2007-3.

“Local police are not charged with the enforcement of federal immigration laws. The federal government and its agencies are the authorities responsible for enforcement of immigration law. With this authority, the federal government has enacted laws, such as the Immigration and Naturalization Act that regulates a person’s entry into the United States, his or her ability to remain in the country, and numerous other aspects of immigration.”

According to the order, the procedures included within it will be reviewed by the chief of police annually for updating purposes as may be necessary.