ICE Operation 'Targeting Criminal Aliens' in NJ Netted Permanent Residents

WNYC News | Jun 12, 2018

The subject line on a press release issued Monday by Immigration and Customs Enforcement said agents arrested 91 people, most of them in New Jersey, over the course of a five-day operation last week "targeting criminal aliens." The resulting news headlines highlighted the information provided in the release — that a convicted murder, rapists and gang members were among those picked up. 

But the release didn't include names of any of those caught, nor the details behind most of the 91 cases. An ICE spokesman later confirmed that "several" green card holders, who are legal permanent residents, were among those caught in Operation Cross Check — including a 30-year resident from the Philippines who had an 11-year-old conviction for possession of an air gun. As WNYC reported last week, Cloyd Edralin, a father of four, had already completed his sentence of probation and his green card was even renewed after the conviction. 

Trump Administration officials have described these operations as targeting those living in the country without documentation, with a particular focus on those convicted or charged with crimes. And ICE's press releases, which are often rewritten without further context by news outlets, highlight the worst cases. Monday's press release, for example, said Operation Cross Check resulted in the arrest of a Salvadoran with an Interpol warrant for trafficking firearms and drugs as a member of the MS-13 gang, and a 46-year-old from Bangladesh with a conviction for aggravated assault and pending charges for aggravated sexual assault of a minor. The release said that of those arrested, 77 percent were convicted criminals. 

An ICE spokesman, Emilio Dabul, said arresting green card holders does not indicate a change in policy. "If the green card holder has violated the conditions for maintaining a green card, such as breaking the law, they are considered removable," he said in an email. "So, it's not unusual to have green card holders arrested as part of these operations." 

Advocates for immigrants and immigration attorneys acknowledge that green card holders can and have been deported for criminal convictions. But some believe the targeting of green card holders — Edralin, for example, was arrested as he left his house to go to work at 5:30 a.m. — could indicate a more aggressive approach. And the fact that Edralin wasn't given a chance to fight for his right to stay while free on bail, or given the opportunity to deport on his own, also shows that the government's tactics have changed, they said.

"We're definitely seeing a lack of prosecutorial discretion and a very aggressive enforcement that's looping in a lot of people who are really here supporting their families, caring for their kids, and it's something we should all be aware of," said Farrin Anello, an attorney at the American Civil Liberties Union.

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