Newark Orders City Workforce to Document ICE Actions After Enforcement Incident Sparks Debate
Newark Mayor Ras J. Baraka signed an executive order instructing city employees to document Immigration and Customs Enforcement operations they encounter that violate the U.S. Constitution or state and local laws. City officials took a major step to track federal immigration enforcement in Newark with the order.
The mayor announced it during a Wednesday night MLK celebration. A morning encounter with federal immigration authorities caused a multi-vehicle wreck at a Clinton Avenue crossroads. Newark police say ICE officers pursuing a van whose driver refused to stop crashed about 8:20 a.m. Two more cars were involved, including one carrying three youngsters who were hospitalized after complaining of pain.
The freshly signed executive order applies to all Newark city departments, offices, and organizations. City personnel who see ICE or Homeland Security operations they believe are unlawful or violate state or city law must document them. They must next submit the documented material to their supervisors, who will send it to a governor-created internet portal this month. The New Jersey Attorney General’s Office portal collects video and other evidence of immigration enforcement violations.
Governor Mikie Sherrill created the portal by executive order on Feb. 11 as part of immigration monitoring. Later, ICE called that state decree “legally illiterate.” Federal immigration authorities did not immediately comment on Newark’s latest executive order.
ICE named the morning pursuit suspect Christian Oswaldo Guevara-Guerra on Thursday. The agency stated he was targeted for enforcement. ICE claims he is an unauthorized immigrant who was charged with receiving stolen property. The agency said he rammed his vehicle into federal law enforcement vehicles and hit civilian cars, including with children, during the pursuit to avoid capture.
ICE added that Guevara-Guerra remained in the US despite a Newark immigration judge’s October 2017 final order of removal. The agency said the individual’s activities caused the crash and targeted enforcement.
Newark’s executive order limits city-federal immigration cooperation and requires ICE activity paperwork. Newark Police cannot help ICE or DHS under the injunction. It forbids ICE from using public property and prohibits federal immigration officers from visiting city buildings unless on city business.
In conclusion, the city’s Business Administrator and Corporation Counsel must advise departments on consistent implementation. Questions about how the policy will work have arisen.
Labor concerns were expressed by Newark Teachers Union president John Abeigon. His union members work for the Newark Board of Education, not the city, therefore they are not directly subject to the injunction. He doubted that city staff watching and reporting federal enforcement operations would improve working conditions. He said expecting sanitation workers to act as the city’s “eyes and ears” on immigration enforcement could necessitate contract renegotiation.
Local governments and federal immigration enforcement are at odds, as the executive order shows. Documentation promotes accountability and fundamental rights, say supporters. Critics say such restrictions may hinder federal enforcement and complicate local-national relations.
As the order takes effect, city departments will likely react and face legal or labor issues. Newark has agreed to monitor and document immigration enforcement within city borders, demonstrating its commitment to oversight and local control.
Sources
U.S. Immigration and Customs Enforcement
Office of the Governor of New Jersey
New Jersey Office of the Attorney General
City of Newark Mayor’s Office
