“Immigrant Trust Directive” Designed to Promote Public Safety by Building Trust Between Police and Immigrant Communities.

Attorney General Gurbir Grewal Thursday, Nov. 29, 2018. (Office of the Attorney General / Photo by Tim Larsen)

TRENTON – Attorney General Gurbir S. Grewal today issued a directive to all state, county and local law enforcement agencies in New Jersey limiting the types of voluntary assistance that their officers may provide to federal civil immigration authorities, including Immigration and Customs Enforcement (ICE). The new rules are designed to strengthen trust between New Jersey law enforcement officers and the state’s diverse immigrant communities.

Today’s directive is intended to draw a clear line between the responsibility of New Jersey’s 36,000 law enforcement officers to enforce state criminal laws and the responsibility of federal immigration authorities to enforce federal civil immigration law. The directive applies to all state, county and local law enforcement agencies, including police, prosecutors, county detectives, sheriff’s officers, and correction officers, and seeks to ensure that immigrants feel safe reporting crimes to New Jersey law enforcement officers.

Attorney General Directive 2018-6, known as the “Immigrant Trust Directive,” provides that, except in limited circumstances, New Jersey’s law enforcement officers:

  • Cannot stop, question, arrest, search, or detain any individual based solely on actual or suspected immigration status;
  • Cannot ask the immigration status of any individual, unless doing so is necessary to the ongoing investigation of a serious offense and relevant to the offense under investigation;
  • Cannot participate in civil immigration enforcement operations conducted by ICE;
  • Cannot provide ICE with access to state or local law enforcement resources, including equipment, office space, databases, or property, unless those resources are readily available to the public;
  • Cannot allow ICE to interview an individual arrested on a criminal charge unless that person is advised of his or her right to a lawyer.

Attorney General Grewal emphasized that nothing in the directive limits New Jersey law enforcement agencies from enforcing state law – and nothing in the directive should be read to imply that New Jersey provides “sanctuary” to those who commit crimes in this state. Moreover, nothing restricts police from complying with federal law or valid court orders, including judicially-issued arrest warrants for individuals, regardless of immigration status.

“We know from experience that individuals are far less likely to report a crime to the local police if they fear that the responding officer will turn them over to federal immigration authorities,” said Attorney General Grewal. “That fear makes it more difficult for officers to solve crimes and bring suspects to justice. These new rules are designed to draw a clear distinction between local police and federal civil immigration authorities, ensuring that victims and witnesses feel safe reporting crimes to New Jersey’s law enforcement officers. No law-abiding resident of this great state should live in fear that a routine traffic stop by local police will result in his or her deportation from this country.”

The new directive replaces AG Directive 2007-3, issued by former New Jersey Attorney General Anne Milgram, which also sought to focus the mission of state law enforcement agencies on enforcing state criminal law.

“We cannot allow the line between our law enforcement officers and U.S. immigration officials – or the line between state criminal law and federal civil immigration law – to become blurred,” said Director Veronica Allende of the Division of Criminal Justice. “When that happens, we risk losing the trust that we have worked so hard to build with our immigrant communities, and we jeopardize public safety by reducing the effectiveness of our officers. When an immigrant sees a New Jersey police officer, that immigrant must know he or she can feel confident approaching that officer.”

“Attorney General Grewal has provided New Jersey law enforcement with a clear, comprehensive directive that will greatly assist investigators with building trust among all of our communities,” said Colonel Patrick Callahan of the New Jersey State Police. “Trust between law enforcement and witnesses and victims of crimes is essential to not only solving cases, but also locating missing people, and it is the foundation of building a long lasting relationship with everyone we serve.”

“The insular nature of many immigrant groups may complicate relationships and interactions between them and police; this, easily, can make their inter-group community and the community-at-large less safe,” said Acting Essex County Prosecutor Theodore N. Stephens II. “Promoting initiatives such as Attorney General Grewal’s recent directive enhances trust between all communities and law enforcement and benefits all.”

“This enhanced directive will serve as a road map for all Newark police officers to treat people fairly and impartially, no matter what their immigration status is, while enforcing the laws of our state,” said Newark Police Director Anthony F. Ambrose.

“I am grateful for the opportunity to work with the Attorney General’s Office on an issue as important as building up trust between law enforcement and immigrant communities, and I’m impressed by the many diverse perspectives that were considered in the directive,” said Mercer County Prosecutor Angelo J. Onofri. “My office is committed to doing its part in making victims and witnesses feel safer, and taking the next step in educating the public about the directive.”

“Hudson County enjoys a large immigrant population, which is the historic backbone of our country,” said Hudson County Prosecutor Esther Suarez. “Nowhere in our state is it more important to strengthen the trust between law enforcement and our residents than Hudson County. We will continue to work on a daily basis to make sure every resident feels safe and trusts their law enforcement officers. This enhanced trust will naturally lead to a more comfortable interaction with police officers when faced with the criminal element, whether as a victim or as a witness.”

“This directive will let both victims and witnesses in our immigrant communities know that they can trust and cooperate with our officers to make all communities safer,” said Camden County Prosecutor Mary Eva Colalillo. “We look forward to continuing to work with them to strengthen this cooperation and trust.”

“Police officers are charged with the care and safety of all members of the community, regardless of their immigration status,” said Camden County Police Chief J. Scott Thomson. “When any one group fears its police to the point where crimes and criminals are not reported, public and officer safety are gravely threatened. General Grewal’s directive, as the state’s chief law enforcement officer, crystallizes to all the people of New Jersey that police are NOT immigration enforcement officers looking for green cards.”

The directive includes a number of specific exceptions and exclusions, including among others:

  • Nothing stops officers from assisting federal immigration authorities in response to emergency circumstances.
  • Officers may participate with federal authorities in joint law enforcement task forces, provided the primary purpose is unrelated to federal civil immigration enforcement.
  • Nothing in the directive prevents officers from requesting proof of identity from an individual during the course of an arrest or when legally justified during an investigative stop or detention.

The new directive prohibits New Jersey law enforcement agencies from entering or renewing Section 287(g) agreements with federal authorities, under which state and local agencies are deputized to enforce federal civil immigration laws, unless the Attorney General grants written approval or the agreement is necessary in response to threats arising from a declared state or national emergency. There currently are less than five agencies in New Jersey with active 287(g) agreements. The directive does not impact contracts entered by ICE with county jails to house individuals detained for federal civil immigration violations; the decision to enter into such contracts is a county government decision.

The directive prohibits police and correction officers from continuing to hold a detained individual arrested for a minor criminal offense past the time he or she would otherwise be released from custody simply because ICE has submitted an immigration detainer request signed by an ICE officer, and prohibits notification to ICE of such an individual’s upcoming release.

With respect to detainees charged with violent or serious offenses – such as murder, rape, arson, assault, bias crimes, and domestic violence offenses – New Jersey law enforcement and correction officials may notify ICE of the detainee’s upcoming release, but may continue to detain the individual only until 11:59 p.m. that day.

The directive prohibits New Jersey authorities from providing U.S. immigration authorities with access to a detained individual for an interview, unless the individual signs a written consent form that explains the purpose of the interview, that the individual may decline the interview, and that he or she may have legal counsel present.

In addition, all of New Jersey’s law enforcement agencies are required to develop procedures to assist victims and witnesses in applying for T-Visas and U-Visas, which provide legal protections for victims of human trafficking and other specified crimes who are cooperating with law enforcement investigations.

Under the directive, New Jersey’s prosecutors cannot seek pretrial detention of an individual based solely on his or her immigration status, and generally cannot attack a witness’s credibility at trial based on his or her immigration status.

The directive calls for the Division of Criminal Justice to develop a training program within 30 days, which shall be available online, to explain the requirements of the directive to law enforcement agencies and officers. All law enforcement agencies shall establish policies and procedures to implement the directive and shall have their officers trained regarding the requirements of the directive by March 15, 2019, the effective date of the directive.

All county prosecutors are required to conduct outreach to educate the public about the directive, with a specific goal of strengthening trust between law enforcement and immigrant communities. State, county and local law enforcement agencies shall report annually on any instances in which they provide assistance to federal civil immigration authorities, and the Attorney General’s Office shall post online an annual consolidated report including such information from local and county agencies compiled by the County Prosecutors and information submitted by the State Police and other State law enforcement agencies.

AG Directive 2018-6 is posted at: www.nj.gov/oag/dcj/agguide/directives/ag-directive-2018-6.pdf

As part of today’s announcements, the Attorney General’s Office has recorded short videos describing the directive in nearly a dozen languages, using New Jersey law enforcement officers who grew up speaking a different language at home. Those videos, along with additional information about the directive, are posted at www.nj.gov/trust.

ATTORNEY GENERAL LAW ENFORCEMENT DIRECTIVE NO. 2018-6
TO: All Law Enforcement Chief Executives
FROM: Gurbir S. Grewal, Attorney General
DATE: November 29, 2018
SUBJECT: Directive Strengthening Trust Between Law Enforcement and
Immigrant Communities
In recent years, the federal government has increasingly relied on state and local law
enforcement agencies to enforce federal civil immigration law. This trend presents significant
challenges to New Jersey’s law enforcement officers, who have worked hard to build trust with
our state’s large and diverse immigrant communities.
It is well-established, for example, that individuals are less likely to report a crime if they
fear that the responding officer will turn them over to immigration authorities. This fear makes it
more difficult for officers to solve crimes and bring suspects to justice, putting all New Jerseyans
at risk.
It is therefore crucial that the State of New Jersey makes very clear to our immigrant
communities something that may seem obvious to those of us in law enforcement: there is a
difference between state, county, and local law enforcement officers, who are responsible for
enforcing state criminal law, and federal immigration authorities, who enforce federal civil
immigration law.
Put simply, New Jersey’s law enforcement officers protect the public by investigating
state criminal offenses and enforcing state criminal laws. They are not responsible for enforcing
civil immigration violations except in narrowly defined circumstances. Such responsibilities
instead fall to the federal government and those operating under its authority.
Although state, county, and local law enforcement officers should assist federal
immigration authorities when required to do so by law, they should also be mindful that
providing assistance above and beyond those requirements threatens to blur the distinctions
PHILIP D.MURPHY
Governor
SHEILA Y. OLIVER
Lt. Governor
State of New Jersey
OFFICE OF THE ATTORNEY GENERAL
DEPARTMENT OF LAW AND PUBLIC SAFETY
DIVISION OF CRIMINAL JUSTICE
PO BOX 085
TRENTON, NJ 08625-0085
TELEPHONE: (609) 984-6500
GURBIR S. GREWAL
Attorney General
VERONICA ALLENDE
Director
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between state and federal actors and between federal immigration law and state criminal law. It
also risks undermining the trust we have built with the public.
In August 2007, Attorney General Anne Milgram issued Attorney General Law
Enforcement Directive No. 2007-3 (AG Directive 2007-3) to “establish the manner in which
local, county, and state law enforcement agencies and officers shall interact with federal
immigration authorities.” AG Directive 2007-3 recognized that “enforcement of immigration
laws is primarily a federal responsibility,” and that “[t]he overriding mission of [New Jersey] law
enforcement officers … is to enforce the state’s criminal laws and to protect the community that
they serve.” That Directive also acknowledged that “[t]his requires the cooperation of, and
positive relationships with, all members of the community,” including immigrants.
Since 2007, technological advances and changes in federal immigration enforcement
priorities have rendered AG Directive 2007-3 less effective at “establish[ing] the manner in
which local, county, and state law enforcement agencies and officers shall interact with federal
immigration authorities.” Today’s new Directive seeks to ensure effective policing, protect the
safety of all New Jersey residents, and ensure that limited state, county, and local law
enforcement resources are directed towards enforcing the criminal laws of this state.
To be clear, nothing in this new Directive limits New Jersey law enforcement agencies or
officers from enforcing state law – and nothing in this Directive should be read to imply that
New Jersey provides “sanctuary” to those who commit crimes in this state. Any person who
violates New Jersey’s criminal laws can and will be held accountable for their actions, no matter
their immigration status.
Similarly, nothing in this Directive restricts New Jersey law enforcement agencies or
officers from complying with the requirements of Federal law or valid court orders, including
judicially-issued arrest warrants for individuals, regardless of immigration status. For the
purposes of this Directive, a “judicial warrant” is one issued by a federal or state judge. It is not
the same as an immigration detainer—sometimes referred to as an Immigration and Customs
Enforcement (ICE) detainer—or an administrative warrant, both of which are currently issued
not by judges but by federal immigration officers. See, e.g., U.S. Immigration and Customs
Enforcement Policy Number 10074.2: Issuance of Immigration Detainers by ICE Immigration
Officers (Effective Apr. 2, 2017). Under federal and state law, local law enforcement agencies
are not required to enforce civil administrative warrants or detainers issued by federal
immigration officers rather than federal or state judges.
Finally, nothing in this Directive prohibits state, county and local law enforcement
agencies from imposing their own additional restrictions on providing assistance to federal
immigration authorities, so long as those restrictions do not violate federal or state law or impede
the enforcement of state criminal law. This Directive does not mandate that law enforcement
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officials provide assistance in any particular circumstance, even when, by the terms of the
Directive, they are permitted to do so.
Pursuant to the authority granted to me under the New Jersey Constitution and the
Criminal Justice Act of 1970, N.J.S.A. 52:17B-97 to -117, which provides for the general
supervision of criminal justice by the Attorney General as chief law enforcement officer of the
state in order to secure the benefits of a uniform and efficient enforcement of the criminal law
and the administration of criminal justice throughout the state, I hereby direct all law
enforcement and prosecuting agencies operating under the authority of the laws of the state of
New Jersey to implement and comply with the following directives. This Directive repeals and
supersedes the provisions of AG Directive 2007-3.
I. Racially-Influenced Policing
No law enforcement officer shall at any time engage in conduct constituting raciallyinfluenced
policing as defined in Attorney General Law Enforcement Directive No.
2005-1.
II. Enforcement of Federal Civil Immigration Law
A. Use of immigration status in law enforcement activities. Except pursuant to
Sections II.C and III below, no state, county, or local law enforcement agency or
official shall:
1. Stop, question, arrest, search, or detain any individual based solely on:
a) actual or suspected citizenship or immigration status; or
b) actual or suspected violations of federal civil immigration law.
2. Inquire about the immigration status of any individual, unless doing so is:
a) necessary to the ongoing investigation of an indictable offense by that
individual; and
b) relevant to the offense under investigation.
B. Limitations on assisting federal immigration authorities in enforcing federal
civil immigration law. Except pursuant to Sections II.C and III below, no state,
county, or local law enforcement agency or official shall provide the following
types of assistance to federal immigration authorities when the sole purpose of
that assistance is to enforce federal civil immigration law:
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1. Participating in civil immigration enforcement operations.
2. Providing any non-public personally identifying information regarding
any individual.1
3. Providing access to any state, county, or local law enforcement equipment,
office space, database, or property not available to the general public.
4. Providing access to a detained individual for an interview, unless the
detainee signs a written consent form that explains:
a) the purpose of the interview;
b) that the interview is voluntary;
c) that the individual may decline to be interviewed; and
d) that the individual may choose to be interviewed only with his or her
legal counsel present.
5. Providing notice of a detained individual’s upcoming release from
custody, unless the detainee:
a) is currently charged with, has ever been convicted of, or has ever been
adjudicated delinquent for a violent or serious offense, as that term is
defined in Appendix A;
b) in the past five years, has been convicted of an indictable crime other
than a violent or serious offense; or
c) is subject to a Final Order of Removal that has been signed by a
federal judge and lodged with the county jail or state prison where the
detainee is being held.
6. Continuing the detention of an individual past the time he or she would
otherwise be eligible for release from custody based solely on a civil
immigration detainer request, unless the detainee:
1 Non-public personally identifying information includes a social security number, credit card
number, unlisted telephone number, driver’s license number, vehicle plate number, insurance
policy number, and active financial account number of any person. See N.J.S.A. 47:1A-1.1, N.J.
Court Rule 1:38-7(a). It may also include the address, telephone number, or email address for an
individual’s home, work, or school, if that information is not readily available to the public.
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a) is currently charged with, has ever been convicted of, or has ever been
adjudicated delinquent for a violent or serious offense, as that term is
defined in Appendix A;
b) in the past five years, has been convicted of an indictable crime other
than a violent or serious offense; or
c) is subject to a Final Order of Removal that has been signed by a
federal judge and lodged with the county jail or state prison where the
detainee is being held.
Any such detention may last only until 11:59 pm on the calendar day on
which the person would otherwise have been eligible for release.
C. Exceptions and exclusions. Nothing in Sections II.A or II.B shall be construed to
restrict, prohibit, or in any way prevent a state, county, or local law enforcement
agency or official from:
1. Enforcing the criminal laws of this state.
2. Complying with all applicable federal, state, and local laws.
3. Complying with a valid judicial warrant or other court order, or
responding to any request authorized by a valid judicial warrant or other
court order.2

4. Participating with federal authorities in a joint law enforcement taskforce
the primary purpose of which is unrelated to federal civil immigration
enforcement.
5. Requesting proof of identity from an individual during the course of an
arrest or when legally justified during an investigative stop or detention.
6. Asking an arrested individual for information necessary to complete the
required fields of the LIVESCAN database (or other law enforcement
fingerprinting database), including information about the arrestee’s place
of birth and country of citizenship.
2 As noted earlier, a “judicial warrant” is one issued by a federal or state judge. It is not the same
as an immigration detainer (sometimes referred to as an ICE detainer) or an administrative
warrant, both of which are currently issued not by judges but by federal immigration officers.
Under federal and state law, local law enforcement agencies are not required to enforce civil
administrative warrants or civil detainers issued by federal immigration officers.
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7. Inquiring about a person’s place of birth on a correctional facility intake
form and making risk-based classification assignments in such facilities.
8. Providing federal immigration authorities with information that is publicly
available or readily available to the public in the method the public can
obtain it.
9. When required by exigent circumstances, providing federal immigration
authorities with aid or assistance, including access to non-public
information, equipment, or resources.
10. Sending to, maintaining, or receiving from federal immigration authorities
information regarding the citizenship or immigration status, lawful or
unlawful, of any individual. See 8 U.S.C. §§ 1373, 1644.
III. Agreements with the Federal Government
A. Section 287(g) agreements. No state, county, or local law enforcement authority
shall enter into, modify, renew, or extend any agreement to exercise federal
immigration authority pursuant to Section 287(g) of the Immigration and
Nationality Act, 8 U.S.C. § 1357(g), unless:
1. The Attorney General grants written approval; or
2. The agreement is necessary to address threats to the public safety or
welfare of New Jersey residents arising out of a declaration of a state or
national emergency.
No state, county, or local law enforcement officer shall otherwise exercise federal
civil immigration authority outside the context of Section 287(g). Nothing in
Section II of this Directive shall apply to law enforcement agencies that are party
to an agreement to exercise federal immigration authority pursuant to Section
287(g) when they are acting pursuant to such agreement.
B. Intergovernmental Service Agreements. Nothing in Section II of this Directive
shall apply to law enforcement agencies that are currently party to an
Intergovernmental Service Agreement (IGSA) to detain individuals for civil
immigration enforcement purposes when they are acting pursuant to such an
agreement.
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IV. Requests for T and U Nonimmigrant Status Certifications
A. Establishing certification procedures. Before March 15, 2019, all state, county,
and local law enforcement agencies must put in place a set of procedures for
processing requests for T- and U-visa certifications (see 8 U.S.C. §§
1101(a)(15)(T) and 1101(a)(15)(U)) from potential victims of crime or human
trafficking within 120 days of the request being made. Each police department
shall post information about its procedures on its website, or, if the department
does not have its own website, then on the municipality’s website when feasible.
B. T-visa certifications. For T-visa certification requests, each agency’s certification
procedure shall include a determination of whether, pursuant to the standards set
forth in federal law and instructions to USCIS Form I-914 Supplement B, the
requester:
1. Is or has been a victim of a severe form of trafficking in persons; and
2. Has complied with requests for assistance in an investigation or
prosecution of the crime of trafficking.
C. U-visa certifications. For U-visa certification requests, each agency’s procedure
shall include a determination of whether, pursuant to the standards set forth in
federal law and instructions to USCIS Form I-918 Supplement B, the applicant:
1. Is a victim of a qualifying criminal activity; and
2. Was, is, or is likely to be, helpful in the investigation or prosecution of
that activity.
D. Inquiry into and disclosure of immigration status. Notwithstanding any
provision in Section II, state, county, and local law enforcement agencies and
officials may ask any questions necessary to complete a T- or U-visa certification.
They may generally not disclose the immigration status of a person requesting Tor
U-visa certification except to comply with state or federal law or legal process,
or if authorized by the visa applicant. However, nothing in this section shall be
construed to restrict, prohibit, or in any way prevent a state, county, or local law
enforcement agency or official from sending to, maintaining, or receiving from
federal immigration authorities information regarding the citizenship or
immigration status, lawful or unlawful, of any individual. See 8 U.S.C. §§ 1373,
1644.
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V. Considerations for Prosecutors
A. Initial court appearances. At a defendant’s initial court appearance before a
judge, the prosecutor shall confirm that the defendant has been advised on the
record that:
1. Potential charges and convictions may carry immigration consequences,
see Padilla v. Kentucky, 559 U.S. 356 (2010); and
2. The defendant may have rights to consular notification pursuant to the
Vienna Convention on Consular Relations.
B. Pretrial detention. In assessing whether to seek pretrial detention of an arrestee
under N.J.S.A. 2A:162-15 to -25, the prosecutor shall make an individualized
assessment based on the specific facts presented in each case, and shall not simply
assume that a non-citizen presents a risk of flight.
C. Admissibility of immigration evidence. In most instances, evidence of a
defendant’s immigration status is not relevant to the crime charged or to a
witness’s credibility and therefore may not be presented to a jury. State v.
Sanchez-Medina, 231 N.J. 452, 462-63 (2018). In the rare cases where proof of a
person’s immigration status is relevant and admissible at trial, the prosecutor
should not seek to admit such evidence without first raising the issue with the
Court outside of the jury’s presence, under N.J.R.E. 104, and requesting that the
Court give an appropriate limiting instruction.
D. Charging, resolving, and sentencing cases. As in all cases, the prosecutor should
be mindful of potential collateral consequences and consider such consequences
in attempting to reach a just resolution of the case. Nothing in this Directive shall
be construed to require any particular charge or sentence, to limit prosecutorial
discretion in reaching a just resolution of the case, or to prevent the prosecutor
from making any argument at sentencing.
VI. Notifications and Recordkeeping
A. Notifications to detained individuals. State, county, and local law enforcement
agencies and officials shall promptly notify a detained individual, in writing and
in a language the individual can understand, when federal civil immigration
authorities request:
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1. To interview the detainee. (See § II.B.4.)
2. To be notified of the detainee’s upcoming release from custody. (See §
II.B.5.)
3. To continue detaining the detainee past the time he or she would otherwise
be eligible for release. (See § II.B.6.)
When providing such notification, law enforcement officials shall provide the
detainee a copy of any documents provided by immigration authorities in
connection with the request.
B. Annual reporting by law enforcement agencies. On an annual basis, each state,
county, and local law enforcement agency shall report, in a manner to be
prescribed by the Attorney General, any instances in which the agency provided
assistance to federal civil immigration authorities for the purpose of enforcing
federal civil immigration law described in Sections II.B.1 to II.B.6. Each year:
1. Any local or county law enforcement agency that provided assistance
described in Sections II.B.1 to II.B.6 during the prior calendar year shall
submit a report to the County Prosecutor detailing such assistance.
2. Each County Prosecutor shall compile any reports submitted by local or
county law enforcement agencies pursuant to Section VI.B.1 and submit a
consolidated report to the Attorney General detailing the agencies’
assistance.
3. The New Jersey State Police and all other state law enforcement agencies
that provided assistance described in Sections II.B.1 to II.B.6 during the
prior calendar year shall submit a report to the Attorney General detailing
such assistance.
4. The Attorney General shall post online a consolidated report detailing all
instances of assistance by all state, county, and local law enforcement
agencies, as submitted to the Attorney General pursuant to Sections
VI.B.2 and VI.B.3, during the prior calendar year.
VII. Training
A. Development of training. The Division of Criminal Justice, shall, within 30 days
of the issuance of this Directive, develop a training program to explain the
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requirements of this Directive as they pertain to state, county, and local law
enforcement agencies and officers. Such program shall be made available through
the NJ Learn System or by other electronic means.
B. Training deadline. All state, county, and local law enforcement agencies shall
provide training to all officers regarding the provisions of this Directive before
March 15, 2019.
VIII. Other Provisions
A. Establishment of policy. All state, county, and local law enforcement agencies
shall, before March 15, 2019, adopt and/or revise their existing policies and
practices, consistent with this Directive, either by rule, regulation, or standard
operating procedure.
B. Community relations and outreach programs. Each County Prosecutor shall
undertake efforts to educate the public about the provisions of this Directive, with
a specific focus on strengthening trust between law enforcement and immigrant
communities. Within 120 days of the effective date of this Directive, each County
Prosecutor shall report to the Attorney General on such public education efforts.
C. Non-enforceability by third parties. This Directive is issued pursuant to the
Attorney General’s authority to ensure the uniform and efficient enforcement of
the laws and administration of criminal justice throughout the state. This Directive
imposes limitations on law enforcement agencies and officials that may be more
restrictive than the limitations imposed under the United States and New Jersey
Constitutions, and federal and state statutes and regulations. Nothing in this
Directive shall be construed in any way to create any substantive right that may be
enforced by any third party.
D. Severability. The provisions of this Directive shall be severable. If any phrase,
clause, sentence, or provision of this Directive is declared by a court of competent
jurisdiction to be invalid, the validity of the remainder of the Directive shall not
be affected.
E. Questions. Any questions concerning the interpretation or implementation of this
Directive shall be addressed to the Director of the Division of Criminal Justice, or
his or her designee.
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F. Effective date. In order to give state, county and local law enforcement agencies
sufficient time to implement the provisions of this Directive and to conduct the
required trainings, this Directive shall become operational on March 15, 2019.
Once effective, this Directive shall remain in force unless it is repealed, amended,
or superseded by Order of the Attorney General.
______________________________
Gurbir S. Grewal
Attorney General
ATTEST:
__________________________
Veronica Allende
Director, Division of Criminal Justice
Dated: November 29, 2018
ATTORNEY GENERAL LAW ENFORCEMENT DIRECTIVE NO. 2018-6
APPENDIX A
(Issued November 29, 2018)
For the purposes of Sections II.B.5 and II.B.6, the term “violent or serious offense” is defined as
follows:
1. Any first or second degree offense, as defined in N.J.S.A 2C:43-1;
2. Any indictable domestic violence offense defined in N.J.S.A. 2C:25-19;
3. Any other indictable offense listed in the chart below; or
4. Any indictable offense under the law of another jurisdiction that is the substantial
equivalent to an offense described in paragraphs 1-3 above.
Chart of Additional Violent & Serious Offenses
(Referenced in Paragraph 3 Above)
Statute Description
2C:12-1 Assault
2C:12-1.1 Knowingly Leaving Scene of Motor Vehicle
Accident Involving Serious Bodily Injury
2C:12-10 Stalking
2C:12-13 Throwing Bodily Fluid at Officers
2C:14-3 Criminal Sexual Contact
2C:16-1 Bias Intimidation
2C:17-1 Arson
2C:17-2 Causing Widespread Injury or Damage
2C:18-2 Burglary of a Dwelling
2C:24-4 Endangering the Welfare of Children
2C:28-5 Witness Tampering and Retaliation
2C:29-2B Eluding a Law Enforcement Officer
2C:29-3A(5) Hindering Apprehension of Another Using
Force or Intimidation
2C:29-3B(2) Hindering Apprehension of Oneself Using
Force or Intimidation
2C:29-9 Criminal Contempt (Violation of Restraining
Orders, Domestic Violence Orders, Etc.)
2C:40-3B Aggravated Hazing