The full text of the Resolution is set forth below:
RESOLUTION OF THE VILLAGE PRESIDENT AND BOARD OF TRUSTEES OF THE TOWNSHIP OF SOUTH ORANGE VILLAGE DECLARING SOUTH ORANGE TO BE A SANCTUARY CITY
WHEREAS, the Township of South Orange Village has long embraced and welcomed individuals of diverse racial, ethnic, religious and national origins and backgrounds; and
WHEREAS, South Orange has a long and continuing commitment to the equal, respectful and dignified treatment of all people, regardless of their immigration status, and is committed to remaining an open and welcoming community; and
WHEREAS, demographic information prepared by the South Orange/Maplewood Community Coalition on Race shows that twenty percent (20%) of South Orange adult residents are foreign born; and
WHEREAS, trust, respect and open communication between Village officials and residents is essential to delivering effective public services and providing a safe and welcoming community to all; and
WHEREAS, mutual respect and trust between the community and the South Orange Police Department are critical for the Department to serve and protect all members of the community, since the Police depend on the cooperation of individuals, whether documented or not, who are victims of, or witnesses to, crimes or who may otherwise have information important to protecting the community; and
WHEREAS, the South Orange Police Department is committed to preserving and enhancing relationships with all people within the community while performing its mission to keep the community safe and to enforce the law; and
WHEREAS, in order for residents to feel safe and welcome, it is important that their government clearly and transparently state its positions on issues relating to immigration and residency status; and
WHEREAS, it is the intention of the Village President and Board of Trustees to herein restate and confirm the Village’s policies with respect to the Village’s relationship with and treatment of members of the community and to clearly articulate the relationship between the Village and our Police Department and the federal government with regard to the enforcement of federal immigration laws.
NOW, THEREFORE, BE IT RESOLVED, by the Village President and Board of Trustees of the Township of South Orange Village, County of Essex, State of New Jersey that:
1. No municipal department, employee or official of the Village shall condition the provision of Village services or benefits on citizenship or immigration status and no municipal department, employee or official of the Village shall inquire or seek to obtain information about the citizenship or immigration status of any person except where specifically required by law to do so.
2. All municipal departments, employees and officials of the Township of South Orange, in compliance with the United States and New Jersey Constitutions, New Jersey Attorney General Directives and Federal and State Nondiscrimination Laws, have not and will continue to 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.
3. No municipal department, employee or official of the Township of South Orange shall take part in the registration or reporting of individuals based on religion, race, ethnicity, national origin or immigration status.
4. The South Orange Police Department's overriding mission is to enforce state and local criminal laws and to protect the community it serves and not to administer Federal Immigration Laws. The Federal Government is the authority responsible for the enforcement of Immigration Laws.
5. The South Orange Police Department shall continue to adhere to the directives and guidelines of the New Jersey Attorney General with respect to the manner in which local law enforcement agencies interact with Federal Immigration authorities including, but not limited to, Attorney General Directive 2007-3 which is currently in effect and this Resolution shall not be construed as providing sanctuary to individuals arrested for the serious crimes identified in the Attorney General Directive 2007-3.
6. The Village hereby adopts and announces a clear policy, consistent with the Village’s existing and historic practices, that the South Orange Police Department has not and will not enforce federal immigration law nor help facilitate ICE deportations, except where legally required to do so. The Village and the Police Department will not enter into any contracts, agreements or arrangements, including “287(g) agreements” or Intergovernmental Service Agreements with the federal government that deputize local law enforcement officers to act as immigration agents or use local facilities to house immigrants in deportation proceedings.
7. The Township of South Orange, including its departments, employees and officials shall not expend Village funds or resources to enforce Federal Immigration Laws unless required by Federal or State statutes, regulations, court decisions or directives and guidelines of the New Jersey Attorney General.
8. Within ninety (90) days after passage of this Resolution, the Chief of the South Orange Police Department shall develop an operational order and appropriate training for enforcement of Immigration Laws by the South Orange Police Department consistent with the intentions and conditions set forth by the South Orange Village Board of Trustees and statute, regulations, directives and court orders.
9. Within seven (7) days after passage of this Resolution, the Village Administrator shall disseminate this Resolution to all Village employees and officials and within ninety (90) days shall develop appropriate employee training.
10. Nothing in this Resolution shall be construed or implemented to conflict with any obligation imposed by Federal or State statutes and regulations or Directives of the New Jersey Attorney General and the Essex County Prosecutor.
11. Village employees and officials shall monitor any efforts by the Federal Government to withhold or withdraw Federal funding as a result of the Village's policies to protect and defend the rights and liberties of all its residents and shall take action to protect such funding.
12. Village Employees and Officials shall monitor any efforts to require the Village to expend Village funds or resources to enforce Federal Immigration Laws and shall take action to appeal or challenge any such requirement.
13. The Village Administration is directed to provide for the broad publication, announcement and distribution of this Resolution and the policies enunciated herein.
14. The Village President and Board of Trustees hereby join with a growing number of municipalities and organizations around the nation in standing up to threats against privacy and liberties by taking meaningful steps to ensure that communities are safe and the rights of all residents are respected.
BE IT FURTHER RESOLVED, that a copy of this resolution be transmitted to United States Senators Cory Booker and Robert Menendez and Representative Donald M. Payne Jr., New Jersey Senator Richard Cody, Assemblywoman Mila Jasey and Assemblyman John McKeon, the Essex County Board of Chosen Freeholders, and the New Jersey State League of Municipalities.
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