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N.J. attorney general asks for federal review of immigration arrests at schools

The attorney general's requests follows the arrests of two Indonesian men after dropping their children off at school.

Monsy Alvarado
NorthJersey
At the State House after the governor's inauguration on Tuesday, attorney general nominee Gurbir Grewal is sworn in before testifying in front of the Senate Judiciary Committee.

New Jersey Attorney General Gurbir Grewal has called for a federal review of the arrest of two Indonesians this week by immigration authorities, saying it could have violated a longstanding ban on such enforcement efforts at schools. 

The letter, addressed to U.S. Secretary of Homeland Security Kirstjen M. Nielsen and sent Thursday, expressed concern about the arrest of Gunawan Liem of Franklin Park and Roby Sanger of Metuchen, who were detained by Immigration and Customs Enforcement officers on Thursday morning. Liem and Sanger reportedly were arrested after they dropped off their children at school. 

In his letter, Grewal wrote that ICE has a policy that prohibits immigration enforcement action "at or focused" on sensitive locations, and that schools are deemed to be sensitive locations under the policy. 

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"Here, the fact that ICE arrested two parents as they were driving away from their children's school is deeply upsetting,'' Grewal wrote. "I'm not aware of any exigent or unique circumstances here that would justify such a departure from ICE's settled policy on sensitive locations. Undoubtedly, this creates a chilling environment for parents, who were simply ensuring that their children arrived to school safely. I trust that you will personally evaluate the circumstances surrounding this enforcement action and take any and all appropriate measures to remedy any violation of ICE policy." 

A spokesperson for DHS did not immediately answer an email requesting a comment on the letter. 

Emilio K. Dabul, a spokesman for ICE in Newark, said that the arrests "did not take place on or near school grounds."

According to information on the ICE website, arrests, interviews and searches are not to be done at sensitive locations unless "exigent" circumstances exist, other law enforcement actions have led officers to the sensitive location, and prior approval is obtained. ICE lists schools, hospitals and houses of worship, as well as public religious ceremonies like weddings and funerals, and public demonstrations such as marches, rallies, and parades, as sensitive locations. 

New Jersey Governor Phil Murphy at the Highland Park Reformed Church talks with parishioners and those claiming sanctuary as two Indonesian men were detained, another claiming sanctuary at the church. January 25, 2018. Highland Park, NJ.

In the letter, Grewal also urged the federal agency to ensure that there is no immigration enforcement actions at courthouses, saying it could compromise the integrity of the state's justice system, and at state facilities throughout New Jersey. Last year, Chief Justice Stuart Rabner of the New Jersey Supreme Court wrote to John F. Kelly, then the U.S. Homeland Security secretary, requesting that federal immigration officials stop arresting immigrants they believe to be undocumented when they are at courthouses. He said that the practice sends a "chilling message" and could bring serious consequences. 

"As a former federal prosecutor, county prosecutor, and now the chief law enforcement officer for New Jersey, I fully understand the need to enforce our nation's laws,'' said Grewal who was most recently the Bergen County prosecutor. "But I'm equally committed to ensuring that all of the residents of New Jersey have a safe environment to attend to their lives, whether it be to attend school, participate in our judicial system, or access state government services." 

In a statement, the New Jersey Education Association, the state's largest teachers' union, called the arrests a disgrace.

“There is no excuse for harassing parents and terrorizing children who simply want to go to school,’’ said the association's president, Marie Blistan. “By instilling fear in children and parents alike, these arrests will not only tear two families apart but will also make it harder for other children in New Jersey to believe that their schools are safe places to learn.”

ICE confirmed the arrests of the two Indonesian men hours after they were picked up on Thursday. The agency said in a statement that an immigration judge had issued orders of removal for the men that were later upheld by the Board of Immigration Appeals.

"Targeted enforcement operations have been a regular part of ICE's duties for many years and are necessary to identify, arrest, detain and remove those who present a danger to our national security or public safety, or whose continued presence in the United States otherwise undermines the integrity of our immigration system,'' the ICE statement said. 

Immigration officers on Thursday also stopped at the house of a third man, Harry Pangemanan of Highland Park. Pangemanan was in his car backing out of his driveway when he saw an unmarked car and ran back inside his house. He then called the Rev. Seth Kaper-Dale of the  Reformed Church of Highland Park, who picked Pangemanan up and took him to the church, where he joined three other Indonesian Christians who have been given sanctuary there. 

Harry Pangemanan holds back tears as he tells his story of ICE officers knocking on his door this morning. Pangemanan is now claiming sanctuary at the Highland Park Reformed Church as two other Indonesian men were detained today. January 25, 2018. Highland Park, NJ.

The men are part of a community of Indonesian Christians who fled religious persecution in Indonesia, a Muslim-majority nation, in the 1990s and early 2000s and remained in the United States after overstaying their tourist visas. 

Last year, ICE deported four Indonesian Christian men from Central Jersey whose asylum applications had been denied. They were taken into custody during a routine check-in with ICE officers in Newark. 

The arrests and removals come as immigration officials follow directives of an executive order signed by President Donald Trump last year that expanded who is considered a priority for deportation and aims to curb illegal immigration.

Email: alvarado@northjersey.com