Open Public Records Act and Common Law Request Regarding Implementation of the New Jersey Attorney General Immigrant Trust Directive 2018-6

The request was successful.

Rose Cuison-Villazor

S.I. Newhouse Center for Law and Justice
Rutgers, The State University of New Jersey
123 Washington Street
Newark, New Jersey 07102-3094
Phone: (973) 353-3159

October 8, 2020

Municipal Clerk

RE: Open Public Records Act and Common Law Request Regarding Implementation of the New Jersey Attorney General Immigrant Trust Directive 2018-6

Dear Records Custodian,

Pursuant to the New Jersey Open Public Records Act (OPRA – N.J.S.A.47:1A-1, et seq.) and common law right of access, we write seeking to obtain records related to how your Department (herein referred to as “the Department”) has implemented the New Jersey Attorney General Gurbir Grewal’s Immigrant Trust Directive 2018-6 and how this agency works with federal immigration enforcement officials. We ask that you please direct this request to all appropriate offices, departments, and records custodians within the Department that may supply any of the records sought through this request.

A. Our Common Law Interest
The Immigrant Trust Directive intends to curtail state and local participation in federal immigration enforcement, ensure effective policing, and foster relationships between law enforcement agencies and immigrant communities. As part of a scholarly research project, we, the requestors, seek these documents in order to assess the degree to which the Department is committed to implementing the directive and is in compliance with public records request laws.

We the requesters are Dean Rose Cuison-Villazor and Dr. Peter Mancina. Dean Cuison-Villazor is Vice Dean, Professor of Law, and Chancellor’s Social Justice Scholar of the Rutgers Law School and Director of the Center for Immigration Law, Policy, and Justice. She has written and published extensively about non-cooperation policies or “sanctuary” policies, which have been published in the Columbia Law Review, Minnesota Law Review, Washington University Law Review, and UC Davis Law Review. Dean Cuison-Villazor is also Director of the Center for Immigration Law, Policy and Justice (CILPJ), which engages in interdisciplinary scholarship, research, and advocacy focused on exploring more inclusive immigration and citizenship laws.

Dr. Peter Mancina is Visiting Scholar in the Center for Immigration Law, Policy, and Justice at Rutgers Law School, Researcher in the Department of Social Anthropology at Stockholm University, and Research Associate in the University of Oxford Centre for Criminology and Border Criminologies Program. Dr. Mancina has examined the historical development of sanctuary policy in the United States and police compliance with “sanctuary” laws at the local, county, and state levels. He is author of the 2019 policy implementation report Turning the Golden State into a Sanctuary State: A Report on the Impact and Implementation of the California Values Act (SB54).

We greatly appreciate your assistance in providing us the following documents.

B. Requested Records (See Footnote 1 below)

I. Policies, Regulations, Memorandum, Guidance, and Forms

1. All records of policies, regulations, memorandum, guidance, or forms that the Department has adopted related to the implementation of the New Jersey Attorney General Gurbir Grewal’s Immigrant Trust Directive 2018-6 version 1 (issued on November 29, 2018) (Footnote 2) and version 2 (issued on March 15, 2019)(Footnote 3), herein both versions referred to collectively as the “Directive.”
Date Range: November 29, 2018 to the present.

2. All records of policies, procedures, protocols, directives, general orders that the Department has adopted regarding providing any form of assistance to, undertaking joint operations with, or forming joint task forces with the Department of Homeland Security (“DHS”), U.S. Customs and Border Protection (“CBP”), or Immigration and Customs Enforcement (“ICE” (including ICE Homeland Security Investigations (“HSI”)). Examples of such policies may pertain to how the Department

a. books or releases federal criminal or immigration detainees; transfers individuals into federal custody;
b. provides DHS, CBP, ICE, and HSI access to department facilities, Department computers, information technology networks, department databases;
c. provides immigration agencies use of Department offices, desk space, or space where they can carry out their federal work;
d. responds to federal requests for a notification of an inmate’s release date, time, and place, as well as any personally identifying information for the individual;
e. detains individuals for the purpose of enforcing immigration law;
f. acts upon DHS, CBP, ICE, and HSI administrative warrants;
g. responds to federal immigration agency requests to interview people in Department custody and provides access to these individuals to carry out an interview;
h. provides backup assistance including but not limited to traffic control and perimeter security in the event of an immigration enforcement action or emergency situation;
i. provides booking rosters, intake rosters, or lists of detainees in Department detention facilities;
j. asks members of the public, witnesses, suspects, or those who have been arrested about immigration status information;
k. patrols U.S. national borders;
l. processes requests for T- and U-visa certifications; or
m. submits Immigrant Alien Queries (IAQs) to the ICE Law Enforcement Support Center (“ICE-LESC”) and acts upon Immigrant Alien Responses (IARs) from the ICE-LESC as part of the State Criminal Alien Assistance Program (SCAAP)
Date Range: November 29, 2018 to the present.

II. Agreements, Contracts, or Memorandum of Understanding

3. All agreements, contracts, or Memorandum of Understanding, including any addendum or renewal document between DHS, ICE, ICE-HSI, or CBP and the Department. Date Range: November 29, 2018 to the present

III. Training Records

4. All records that the Department has used to train its members about the Directive, including training materials, manuals, memorandums, and power point presentations. Date range: November 29, 2018 to the present

5. Any training logs records that the Department has created to track the completion of training of its employees in the Directive or Directive-related Department policies. Date range: November 29, 2018 to the present

IV. Incident Reports

6. All incident reports related to the Department providing any form of assistance to CBP or ICE, (including HSI) as described in request number 2, participation in joint task forces, a 287g program, or any other form of joint operation with CBP, or ICE (including HSI). Date Range: November 29, 2018 to the present

7. All incident reports related to incidents when CBP or ICE, (including HSI) arrested an individual on Department property immediately after they were released from Department custody to the public. Date Range: November 29, 2018 to the present

V. Quantitative Data Reports Regarding Department Assistance to ICE and CBP

8. All records (including electronically stored information in a database, written reports, statistics, memoranda or other data) that provide the number of instances when the Department accommodated an ICE or CBP request for the Department to
a. detain an individual
b. transfer an individual to ICE or CBP custody
c. notify ICE or CBP of the person’s release from Department custody
d. provide backup assistance for an immigration enforcement action
e. provide backup assistance for an emergency situation
f. allow ICE or CBP to interview an individual in Department custody
g. participate in a joint operation with ICE or CBP; or
h. any other form of assistance to ICE or CBP
Date Range: November 29, 2017 to the present

9. All reports, emails, and memorandum that explain the reason, purpose, policy basis, or goal for which the Department accommodated ICE or CBP requests for assistance outlined in request number 8. Date Range: November 29, 2017 to the present

10. All records (including electronically stored information in a database, written reports, statistics, memoranda or other data), arrest reports, CAD reports or similar records) that list
a. the number of individuals arrested during joint operations with DHS, ICE, or CBP;
b. the criminal charges brought against each individual that was arrested during joint operations with DHS, ICE, or CBP; or
c. the number of individuals charged with civil immigration violations during joint operations with DHS, ICE, or CBP.
Date Range: November 29, 2017 to the present

11. All records (including electronically stored information in a database, written reports, statistics, memoranda or other data), that list the number of people that the Department released to the public and who were immediately arrested by ICE or CBP on Department property. Date Range: November 29, 2017 to the present

VI. Detainee Movement Logs

12. All records that include the “movement history” logs of individuals in Department custody for whom an I-247 detainer, notification request, or transfer request was lodged. This may include records logging how individuals are moved through different Department divisions, wings, areas, programs, or Department facilities (ie. Booking, housing). Date Range: November 29, 2017 to the present

VII. Communications Records

13. All communications (herein, “communications” refers to emails, texts, faxes, letters, social media posts) about implementing the Directive in the Department, how the Department interacts with or assists ICE and CBP, or making inmate release information available to the public between Department Command Staff or Supervising Staff and the following types of Department employees:
a. Those who contribute to the development of department policy;
b. Those who directly interact with the public;
c. Those who directly interact with people in Department custody; and
d. Those who directly interact with federal immigration agencies
Date Range: November, 29, 2018 to the present

14. All communications about implementing the Directive in the Department, how the Department interacts with ICE and CBP, or making inmate release information available to the public between Department Personnel and individuals in the following external agencies:
a. ICE;
b. CBP;
c. The U.S. Department of Justice;
d. The White House;
e. The New Jersey Department of Justice;
f. The Sheriffs Association of New Jersey; or
g. The New Jersey State Association of Chiefs of Police
Date Range: November, 29, 2018 to the present
We request that all responsive records be sent as electronic files via email to [email address]. If the Department cannot provide responsive documents to certain requests above, please indicate the number of the request and the reason for the denial.

As N.J.S.A. 47:1A-5(i) provides that public agencies respond to OPRA records requests within 7 days, I look forward to hearing from you within this time.
Thank you in advance and we look forward to your response.
Sincerely,

Dean Rose Cuison-Villazor
Vice Dean, Professor of Law and Chancellor’s Social Justice Scholar
Director, Center for Immigration Law, Policy and Justice
Rutgers Law School
123 Washington Street
Newark, NJ 07102
Phone number: (973) 353-3159
Email: [email address]

Dr. Peter Mancina
Visiting Scholar
Center for Immigration Law, Policy and Justice Rutgers Law School
123 Washington Street
Newark, NJ 07102
Phone number: (415)-226-8714
Email: [email address]

Footnotes
FN 1: The term “records” as used herein means records as broadly defined by N.J.S.A.47:1A-1.1 and includes, “any paper, written or printed book, document, drawing, map, plan, photograph, microfilm, data processed or image processed document, information stored or maintained electronically or by sound-recording or in a similar device, or any copy thereof, that has been made, maintained or kept on file in the course of his or its official business by any officer, commission, agency or authority of the State or of any political subdivision thereof, including subordinate boards thereof, or that has been received in the course of his or its official business by any such officer, commission, agency, or authority of the State or of any political subdivision thereof, including subordinate boards thereof. The terms shall not include inter-agency or intra-agency advisory, consultative, or deliberative material.” “Records” that we are interested in obtaining are those that not only are stored in government office locations, on government servers, or on government computers and devices but also in private locations and storage facilities, on private servers, on private computers and devices, in private email accounts, and in public and private social media accounts.

FN2: Version 1: https://web.archive.org/web/201905020003...

FN3: Version 2: https://www.nj.gov/oag/dcj/agguide/direc...

Rutgers Open Public Records Center,

   
 
 
Dear Rose Cuison-Villazor,

Thank you for registering with Rutgers, The State University of New
Jersey Open Public Records Center, an online, public portal. Below you
will find your portal login and password information .

Login:  [OPRA #17269 email]
 
If you have never used this system or cannot remember your password, you
may request a [1]Temporary Password
 

If you are a first time user and did not submit your request through the
public portal but are receiving this e-mail, an account has been created
for you with the login and password listed above. At this account you can
access, track and receive any documents in response to your request.

Please log in to the [2]Rutgers University Open Public Records Center and
then "My Request Center" to update any contact or password information on
your account and to view your request.

The University Custodian of Records will contact you if there are
questions regarding your request or provide you a response. If you have
questions, you may contact the OPRA Administrator at 973.972.1887.
Thank you again for registering with the Rutgers University Open Public
Records Center.
 
 
This is an auto-generated email and has originated from an [3]GovQA
unmonitored email account. Please DO NOT REPLY. logo

 

References

Visible links
1. https://rutgers.mycusthelp.com/WEBAPP/_r...
2. https://rutgers.mycusthelp.com/WEBAPP/_r...

Rutgers Open Public Records Center,

Dear Cuison-Villazor:

Thank you for submitting your request for government records of Rutgers,
The State University of New Jersey. Your request has been received and is
being processed in accordance with the New Jersey Open Public Records Act
(OPRA), NJSA 47:1 et seq. Your request was received through the online,
public portal [1]Rutgers University Open Public Records Center of this
office on 10/8/2020 and given the reference number R006217-100820.  

Your request will be forwarded to the Office of the Custodian of
Records for review and processing, including determining the volume of
responsive documents and any potential costs associated with satisfying
your request. Please note, the N.J. Open Public Records Act does not
require the University to create new documents, to conduct research, or to
answer questions for information.

Records Requested: S.I. Newhouse Center for Law and Justice Rutgers, The
State University of New Jersey 123 Washington Street Newark, New Jersey
07102-3094 Phone: (973) 353-3159 October 8, 2020 Municipal Clerk RE: Open
Public Records Act and Common Law Request Regarding Implementation of the
New Jersey Attorney General Immigrant Trust Directive 2018-6 Dear Records
Custodian, Pursuant to the New Jersey Open Public Records Act (OPRA –
N.J.S.A.47:1A-1, et seq.) and common law right of access, we write seeking
to obtain records related to how your Department (herein referred to as
“the Department”) has implemented the New Jersey Attorney General Gurbir
Grewal’s Immigrant Trust Directive 2018-6 and how this agency works with
federal immigration enforcement officials. We ask that you please direct
this request to all appropriate offices, departments, and records
custodians within the Department that may supply any of the records sought
through this request. A. Our Common Law Interest The Immigrant Trust
Directive intends to curtail state and local participation in federal
immigration enforcement, ensure effective policing, and foster
relationships between law enforcement agencies and immigrant communities.
As part of a scholarly research project, we, the requestors, seek these
documents in order to assess the degree to which the Department is
committed to implementing the directive and is in compliance with public
records request laws. We the requesters are Dean Rose Cuison-Villazor and
Dr. Peter Mancina. Dean Cuison-Villazor is Vice Dean, Professor of Law,
and Chancellor’s Social Justice Scholar of the Rutgers Law School and
Director of the Center for Immigration Law, Policy, and Justice. She has
written and published extensively about non-cooperation policies or
“sanctuary” policies, which have been published in the Columbia Law
Review, Minnesota Law Review, Washington University Law Review, and UC
Davis Law Review. Dean Cuison-Villazor is also Director of the Center for
Immigration Law, Policy and Justice (CILPJ), which engages in
interdisciplinary scholarship, research, and advocacy focused on exploring
more inclusive immigration and citizenship laws. Dr. Peter Mancina is
Visiting Scholar in the Center for Immigration Law, Policy, and Justice at
Rutgers Law School, Researcher in the Department of Social Anthropology at
Stockholm University, and Research Associate in the University of Oxford
Centre for Criminology and Border Criminologies Program. Dr. Mancina has
examined the historical development of sanctuary policy in the United
States and police compliance with “sanctuary” laws at the local, county,
and state levels. He is author of the 2019 policy implementation report
Turning the Golden State into a Sanctuary State: A Report on the Impact
and Implementation of the California Values Act (SB54). We greatly
appreciate your assistance in providing us the following documents. B.
Requested Records (See Footnote 1 below) I. Policies, Regulations,
Memorandum, Guidance, and Forms 1. All records of policies, regulations,
memorandum, guidance, or forms that the Department has adopted related to
the implementation of the New Jersey Attorney General Gurbir Grewal’s
Immigrant Trust Directive 2018-6 version 1 (issued on November 29, 2018)
(Footnote 2) and version 2 (issued on March 15, 2019)(Footnote 3), herein
both versions referred to collectively as the “Directive.” Date Range:
November 29, 2018 to the present. 2. All records of policies, procedures,
protocols, directives, general orders that the Department has adopted
regarding providing any form of assistance to, undertaking joint
operations with, or forming joint task forces with the Department of
Homeland Security (“DHS”), U.S. Customs and Border Protection (“CBP”), or
Immigration and Customs Enforcement (“ICE” (including ICE Homeland
Security Investigations (“HSI”)). Examples of such policies may pertain to
how the Department a. books or releases federal criminal or immigration
detainees; transfers individuals into federal custody; b. provides DHS,
CBP, ICE, and HSI access to department facilities, Department computers,
information technology networks, department databases; c. provides
immigration agencies use of Department offices, desk space, or space where
they can carry out their federal work; d. responds to federal requests for
a notification of an inmate’s release date, time, and place, as well as
any personally identifying information for the individual; e. detains
individuals for the purpose of enforcing immigration law; f. acts upon
DHS, CBP, ICE, and HSI administrative warrants; g. responds to federal
immigration agency requests to interview people in Department custody and
provides access to these individuals to carry out an interview; h.
provides backup assistance including but not limited to traffic control
and perimeter security in the event of an immigration enforcement action
or emergency situation; i. provides booking rosters, intake rosters, or
lists of detainees in Department detention facilities; j. asks members of
the public, witnesses, suspects, or those who have been arrested about
immigration status information; k. patrols U.S. national borders; l.
processes requests for T- and U-visa certifications; or m. submits
Immigrant Alien Queries (IAQs) to the ICE Law Enforcement Support Center
(“ICE-LESC”) and acts upon Immigrant Alien Responses (IARs) from the
ICE-LESC as part of the State Criminal Alien Assistance Program (SCAAP)
Date Range: November 29, 2018 to the present. II. Agreements, Contracts,
or Memorandum of Understanding 3. All agreements, contracts, or Memorandum
of Understanding, including any addendum or renewal document between DHS,
ICE, ICE-HSI, or CBP and the Department. Date Range: November 29, 2018 to
the present III. Training Records 4. All records that the Department has
used to train its members about the Directive, including training
materials, manuals, memorandums, and power point presentations. Date
range: November 29, 2018 to the present 5. Any training logs records that
the Department has created to track the completion of training of its
employees in the Directive or Directive-related Department policies. Date
range: November 29, 2018 to the present IV. Incident Reports 6. All
incident reports related to the Department providing any form of
assistance to CBP or ICE, (including HSI) as described in request number
2, participation in joint task forces, a 287g program, or any other form
of joint operation with CBP, or ICE (including HSI). Date Range: November
29, 2018 to the present 7. All incident reports related to incidents when
CBP or ICE, (including HSI) arrested an individual on Department property
immediately after they were released from Department custody to the
public. Date Range: November 29, 2018 to the present V. Quantitative Data
Reports Regarding Department Assistance to ICE and CBP 8. All records
(including electronically stored information in a database, written
reports, statistics, memoranda or other data) that provide the number of
instances when the Department accommodated an ICE or CBP request for the
Department to a. detain an individual b. transfer an individual to ICE or
CBP custody c. notify ICE or CBP of the person’s release from Department
custody d. provide backup assistance for an immigration enforcement action
e. provide backup assistance for an emergency situation f. allow ICE or
CBP to interview an individual in Department custody g. participate in a
joint operation with ICE or CBP; or h. any other form of assistance to ICE
or CBP Date Range: November 29, 2017 to the present 9. All reports,
emails, and memorandum that explain the reason, purpose, policy basis, or
goal for which the Department accommodated ICE or CBP requests for
assistance outlined in request number 8. Date Range: November 29, 2017 to
the present 10. All records (including electronically stored information
in a database, written reports, statistics, memoranda or other data),
arrest reports, CAD reports or similar records) that list a. the number of
individuals arrested during joint operations with DHS, ICE, or CBP; b. the
criminal charges brought against each individual that was arrested during
joint operations with DHS, ICE, or CBP; or c. the number of individuals
charged with civil immigration violations during joint operations with
DHS, ICE, or CBP. Date Range: November 29, 2017 to the present 11. All
records (including electronically stored information in a database,
written reports, statistics, memoranda or other data), that list the
number of people that the Department released to the public and who were
immediately arrested by ICE or CBP on Department property. Date Range:
November 29, 2017 to the present VI. Detainee Movement Logs 12. All
records that include the “movement history” logs of individuals in
Department custody for whom an I-247 detainer, notification request, or
transfer request was lodged. This may include records logging how
individuals are moved through different Department divisions, wings,
areas, programs, or Department facilities (ie. Booking, housing). Date
Range: November 29, 2017 to the present VII. Communications Records 13.
All communications (herein, “communications” refers to emails, texts,
faxes, letters, social media posts) about implementing the Directive in
the Department, how the Department interacts with or assists ICE and CBP,
or making inmate release information available to the public between
Department Command Staff or Supervising Staff and the following types of
Department employees: a. Those who contribute to the development of
department policy; b. Those who directly interact with the public; c.
Those who directly interact with people in Department custody; and d.
Those who directly interact with federal immigration agencies Date Range:
November, 29, 2018 to the present 14. All communications about
implementing the Directive in the Department, how the Department interacts
with ICE and CBP, or making inmate release information available to the
public between Department Personnel and individuals in the following
external agencies: a. ICE; b. CBP; c. The U.S. Department of Justice; d.
The White House; e. The New Jersey Department of Justice; f. The Sheriffs
Association of New Jersey; or g. The New Jersey State Association of
Chiefs of Police Date Range: November, 29, 2018 to the present We request
that all responsive records be sent as electronic files via email to
[email address]. If the Department cannot provide
responsive documents to certain requests above, please indicate the number
of the request and the reason for the denial. As N.J.S.A. 47:1A-5(i)
provides that public agencies respond to OPRA records requests within 7
days, I look forward to hearing from you within this time. Thank you in
advance and we look forward to your response. Sincerely, Dean Rose
Cuison-Villazor Vice Dean, Professor of Law and Chancellor’s Social
Justice Scholar Director, Center for Immigration Law, Policy and Justice
Rutgers Law School 123 Washington Street Newark, NJ 07102 Phone number:
(973) 353-3159 Email: [email address] Dr. Peter Mancina
Visiting Scholar Center for Immigration Law, Policy and Justice Rutgers
Law School 123 Washington Street Newark, NJ 07102 Phone number:
(415)-226-8714 Email: [email address] Footnotes FN 1: The term
“records” as used herein means records as broadly defined by
N.J.S.A.47:1A-1.1 and includes, “any paper, written or printed book,
document, drawing, map, plan, photograph, microfilm, data processed or
image processed document, information stored or maintained electronically
or by sound-recording or in a similar device, or any copy thereof, that
has been made, maintained or kept on file in the course of his or its
official business by any officer, commission, agency or authority of the
State or of any political subdivision thereof, including subordinate
boards thereof, or that has been received in the course of his or its
official business by any such officer, commission, agency, or authority of
the State or of any political subdivision thereof, including subordinate
boards thereof. The terms shall not include inter-agency or intra-agency
advisory, consultative, or deliberative material.” “Records” that we are
interested in obtaining are those that not only are stored in government
office locations, on government servers, or on government computers and
devices but also in private locations and storage facilities, on private
servers, on private computers and devices, in private email accounts, and
in public and private social media accounts. FN2: Version 1:
https://nam02.safelinks.protection.outlo...
FN3: Version 2:
https://nam02.safelinks.protection.outlo...
------------------------------------------------------------------- Please
use deliver records electronically via email to the below UNIQUE address
for all replies to this request:
[OPRA #17269 email] Is
[Rutgers University request email] the wrong address for OPRA requests to Rutgers
University? If so, please contact us using this form:
https://nam02.safelinks.protection.outlo...
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
https://nam02.safelinks.protection.outlo...
View this OPRA request & responses online:
https://nam02.safelinks.protection.outlo...
Please note that in some cases publication of requests and responses will
be delayed. If you find this service useful as an OPRA custodian, please
ask your web manager to link to us from your organisation's website.
-------------------------------------------------------------------

The Office of the Custodian of Records uses the [2]Rutgers University Open
Public Records Center to communicate with you, respond to and track all
open public records requests.  If you have submitted your request
electronically through Rutgers Open Public Records Center portal, you have
already been required to create an account.

Notice to First Time Portal Users:

If you are a first time user and did not submit your request through the
public portal, you are receiving this request because the Rutgers Office
of the Custodian has created an account for you at the [3]Rutgers
University Open Public Records Center . 

To access your account and view your request:

1.Go to: [4]Rutgers University Open Public Records Center.

2. Select/open  "My Records Center"
3. Enter your email and password as provided in your previously received
Welcome Letter.

You can monitor your request through the [5]Rutgers University Open Public
Records Center at "My Request Center."

Thank you and if you have questions, you  may contact the OPRA
Administrator at (973) 972-1981.

 

Rutgers, The State University of New Jersey

University Custodian of Records

Office of Enterprise Risk Management, Ethics and Compliance

65 Bergen Street, Ste. 1346 

Newark, New Jersey 07101-1709

Phone: (973) 972-1981

Fax: (973) 972-2396

References

Visible links
1. https://u8387795.ct.sendgrid.net/ls/clic...
2. https://u8387795.ct.sendgrid.net/ls/clic...
3. https://u8387795.ct.sendgrid.net/ls/clic...
4. https://u8387795.ct.sendgrid.net/ls/clic...
5. https://u8387795.ct.sendgrid.net/ls/clic...

Rutgers Open Public Records Center,

--- Please respond above this line ---

Reference: Rutgers Open Public Records Request # R006217-100820

 

Dear Cuison-Villazor,

Please accept this letter as the University Custodian of Records response
to your request for records pursuant to the Open Public Records Act
(“OPRA”). On October 08, 2020, this office received your request for the
following:

“S.I. Newhouse Center for Law and Justice Rutgers, The State University of
New Jersey
123 Washington Street
Newark, New Jersey 07102-3094
Phone: (973) 353-3159

October 8, 2020

Municipal Clerk

RE: Open Public Records Act and Common Law Request Regarding
Implementation of the New Jersey Attorney General Immigrant Trust
Directive 2018-6

Dear Records Custodian,

Pursuant to the New Jersey Open Public Records Act (OPRA –
N.J.S.A.47:1A-1, et seq.) and common law right of access, we write seeking
to obtain records related to how your Department (herein referred to as
“the Department”) has implemented the New Jersey Attorney General Gurbir
Grewal’s Immigrant Trust Directive 2018-6 and how this agency works with
federal immigration enforcement officials. We ask that you please direct
this request to all appropriate offices, departments, and records
custodians within the Department that may supply any of the records sought
through this request.

A. Our Common Law Interest
The Immigrant Trust Directive intends to curtail state and local
participation in federal immigration enforcement, ensure effective
policing, and foster relationships between law enforcement agencies and
immigrant communities. As part of a scholarly research project, we, the
requestors, seek these documents in order to assess the degree to which
the Department is committed to implementing the directive and is in
compliance with public records request laws.

We the requesters are Dean Rose Cuison-Villazor and Dr. Peter Mancina.
Dean Cuison-Villazor is Vice Dean, Professor of Law, and Chancellor’s
Social Justice Scholar of the Rutgers Law School and Director of the
Center for Immigration Law, Policy, and Justice. She has written and
published extensively about non-cooperation policies or “sanctuary”
policies, which have been published in the Columbia Law Review, Minnesota
Law Review, Washington University Law Review, and UC Davis Law Review.
Dean Cuison-Villazor is also Director of the Center for Immigration Law,
Policy and Justice (CILPJ), which engages in interdisciplinary
scholarship, research, and advocacy focused on exploring more inclusive
immigration and citizenship laws.

Dr. Peter Mancina is Visiting Scholar in the Center for Immigration Law,
Policy, and Justice at Rutgers Law School, Researcher in the Department of
Social Anthropology at Stockholm University, and Research Associate in the
University of Oxford Centre for Criminology and Border Criminologies
Program. Dr. Mancina has examined the historical development of sanctuary
policy in the United States and police compliance with “sanctuary” laws at
the local, county, and state levels. He is author of the 2019 policy
implementation report Turning the Golden State into a Sanctuary State: A
Report on the Impact and Implementation of the California Values Act
(SB54).

We greatly appreciate your assistance in providing us the following
documents.

B. Requested Records (See Footnote 1 below)

I. Policies, Regulations, Memorandum, Guidance, and Forms

1. All records of policies, regulations, memorandum, guidance, or forms
that the Department has adopted related to the implementation of the New
Jersey Attorney General Gurbir Grewal’s Immigrant Trust Directive 2018-6
version 1 (issued on November 29, 2018) (Footnote 2) and version 2 (issued
on March 15, 2019)(Footnote 3), herein both versions referred to
collectively as the “Directive.”
Date Range: November 29, 2018 to the present.

2. All records of policies, procedures, protocols, directives, general
orders that the Department has adopted regarding providing any form of
assistance to, undertaking joint operations with, or forming joint task
forces with the Department of Homeland Security (“DHS”), U.S. Customs and
Border Protection (“CBP”), or Immigration and Customs Enforcement (“ICE”
(including ICE Homeland Security Investigations (“HSI”)). Examples of such
policies may pertain to how the Department

a. books or releases federal criminal or immigration detainees; transfers
individuals into federal custody;
b. provides DHS, CBP, ICE, and HSI access to department facilities,
Department computers, information technology networks, department
databases;
c. provides immigration agencies use of Department offices, desk space, or
space where they can carry out their federal work;
d. responds to federal requests for a notification of an inmate’s release
date, time, and place, as well as any personally identifying information
for the individual;
e. detains individuals for the purpose of enforcing immigration law;
f. acts upon DHS, CBP, ICE, and HSI administrative warrants;
g. responds to federal immigration agency requests to interview people in
Department custody and provides access to these individuals to carry out
an interview;
h. provides backup assistance including but not limited to traffic control
and perimeter security in the event of an immigration enforcement action
or emergency situation;
i. provides booking rosters, intake rosters, or lists of detainees in
Department detention facilities;
j. asks members of the public, witnesses, suspects, or those who have been
arrested about immigration status information;
k. patrols U.S. national borders;
l. processes requests for T- and U-visa certifications; or
m. submits Immigrant Alien Queries (IAQs) to the ICE Law Enforcement
Support Center (“ICE-LESC”) and acts upon Immigrant Alien Responses (IARs)
from the ICE-LESC as part of the State Criminal Alien Assistance Program
(SCAAP)
Date Range: November 29, 2018 to the present.

II. Agreements, Contracts, or Memorandum of Understanding

3. All agreements, contracts, or Memorandum of Understanding, including
any addendum or renewal document between DHS, ICE, ICE-HSI, or CBP and the
Department. Date Range: November 29, 2018 to the present

III. Training Records

4. All records that the Department has used to train its members about the
Directive, including training materials, manuals, memorandums, and power
point presentations. Date range: November 29, 2018 to the present

5. Any training logs records that the Department has created to track the
completion of training of its employees in the Directive or
Directive-related Department policies. Date range: November 29, 2018 to
the present

IV. Incident Reports

6. All incident reports related to the Department providing any form of
assistance to CBP or ICE, (including HSI) as described in request number
2, participation in joint task forces, a 287g program, or any other form
of joint operation with CBP, or ICE (including HSI). Date Range: November
29, 2018 to the present

7. All incident reports related to incidents when CBP or ICE, (including
HSI) arrested an individual on Department property immediately after they
were released from Department custody to the public. Date Range: November
29, 2018 to the present

V. Quantitative Data Reports Regarding Department Assistance to ICE and
CBP

8. All records (including electronically stored information in a database,
written reports, statistics, memoranda or other data) that provide the
number of instances when the Department accommodated an ICE or CBP request
for the Department to
a. detain an individual
b. transfer an individual to ICE or CBP custody
c. notify ICE or CBP of the person’s release from Department custody
d. provide backup assistance for an immigration enforcement action
e. provide backup assistance for an emergency situation
f. allow ICE or CBP to interview an individual in Department custody
g. participate in a joint operation with ICE or CBP; or
h. any other form of assistance to ICE or CBP
Date Range: November 29, 2017 to the present

9. All reports, emails, and memorandum that explain the reason, purpose,
policy basis, or goal for which the Department accommodated ICE or CBP
requests for assistance outlined in request number 8. Date Range: November
29, 2017 to the present

10. All records (including electronically stored information in a
database, written reports, statistics, memoranda or other data), arrest
reports, CAD reports or similar records) that list
a. the number of individuals arrested during joint operations with DHS,
ICE, or CBP;
b. the criminal charges brought against each individual that was arrested
during joint operations with DHS, ICE, or CBP; or
c. the number of individuals charged with civil immigration violations
during joint operations with DHS, ICE, or CBP.
Date Range: November 29, 2017 to the present

11. All records (including electronically stored information in a
database, written reports, statistics, memoranda or other data), that list
the number of people that the Department released to the public and who
were immediately arrested by ICE or CBP on Department property. Date
Range: November 29, 2017 to the present

VI. Detainee Movement Logs

12. All records that include the “movement history” logs of individuals in
Department custody for whom an I-247 detainer, notification request, or
transfer request was lodged. This may include records logging how
individuals are moved through different Department divisions, wings,
areas, programs, or Department facilities (ie. Booking, housing). Date
Range: November 29, 2017 to the present

VII. Communications Records

13. All communications (herein, “communications” refers to emails, texts,
faxes, letters, social media posts) about implementing the Directive in
the Department, how the Department interacts with or assists ICE and CBP,
or making inmate release information available to the public between
Department Command Staff or Supervising Staff and the following types of
Department employees:
a. Those who contribute to the development of department policy;
b. Those who directly interact with the public;
c. Those who directly interact with people in Department custody; and
d. Those who directly interact with federal immigration agencies
Date Range: November, 29, 2018 to the present

14. All communications about implementing the Directive in the Department,
how the Department interacts with ICE and CBP, or making inmate release
information available to the public between Department Personnel and
individuals in the following external agencies:
a. ICE;
b. CBP;
c. The U.S. Department of Justice;
d. The White House;
e. The New Jersey Department of Justice;
f. The Sheriffs Association of New Jersey; or
g. The New Jersey State Association of Chiefs of Police
Date Range: November, 29, 2018 to the present We request that all
responsive records be sent as electronic files via email to
[email address]. If the Department cannot provide
responsive documents to certain requests above, please indicate the number
of the request and the reason for the denial.

As N.J.S.A. 47:1A-5(i) provides that public agencies respond to OPRA
records requests within 7 days, I look forward to hearing from you within
this time.
Thank you in advance and we look forward to your response.
Sincerely,

Dean Rose Cuison-Villazor
Vice Dean, Professor of Law and Chancellor’s Social Justice Scholar
Director, Center for Immigration Law, Policy and Justice
Rutgers Law School
123 Washington Street
Newark, NJ 07102
Phone number: (973) 353-3159
Email: [email address]

Dr. Peter Mancina
Visiting Scholar
Center for Immigration Law, Policy and Justice Rutgers Law School
123 Washington Street
Newark, NJ 07102
Phone number: (415)-226-8714
Email: [email address]

Footnotes
FN 1: The term “records” as used herein means records as broadly defined
by N.J.S.A.47:1A-1.1 and includes, “any paper, written or printed book,
document, drawing, map, plan, photograph, microfilm, data processed or
image processed document, information stored or maintained electronically
or by sound-recording or in a similar device, or any copy thereof, that
has been made, maintained or kept on file in the course of his or its
official business by any officer, commission, agency or authority of the
State or of any political subdivision thereof, including subordinate
boards thereof, or that has been received in the course of his or its
official business by any such officer, commission, agency, or authority of
the State or of any political subdivision thereof, including subordinate
boards thereof. The terms shall not include inter-agency or intra-agency
advisory, consultative, or deliberative material.” “Records” that we are
interested in obtaining are those that not only are stored in government
office locations, on government servers, or on government computers and
devices but also in private locations and storage facilities, on private
servers, on private computers and devices, in private email accounts, and
in public and private social media accounts.

FN2: Version 1:
https://nam02.safelinks.protection.outlo...

FN3: Version 2:
https://nam02.safelinks.protection.outlo...

-------------------------------------------------------------------

Please use deliver records electronically via email to the below UNIQUE
address for all replies to this request:
[OPRA #17269 email]

Is [Rutgers University request email] the wrong address for OPRA requests to Rutgers
University? If so, please contact us using this form:
https://nam02.safelinks.protection.outlo...

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
https://nam02.safelinks.protection.outlo...

View this OPRA request & responses online:
https://nam02.safelinks.protection.outlo...

Please note that in some cases publication of requests and responses will
be delayed.

If you find this service useful as an OPRA custodian, please ask your web
manager to link to us from your organisation's website.

-------------------------------------------------------------------”

The University is still processing this request. Please note, due to the
State of New Jersey being under a public health emergency, processing and
response to this request may be delayed. The University requires an
extension until October 27, 2020. We appreciate your patience during this
time, and are working to respond to your request as quickly as possible.
If you have any questions or concerns, please contact me at my office at
973.972.1981.

 

Sincerely,

 

Jewell Battle

University Custodian of Records

Rutgers, The State University of New Jersey

 

 

973.972.1981

To monitor the progress or update this request please log into the [1]Open
Public Records Center.

References

Visible links
1. https://u8387795.ct.sendgrid.net/ls/clic...

Rutgers Open Public Records Center,

--- Please respond above this line ---

Reference: Rutgers Open Public Records Request # R006217-100820

 

Dear Cuison-Villazor,

Please accept this letter as the University Custodian of Records response
to your request for records pursuant to the Open Public Records Act
(“OPRA”). On October 08, 2020, this office received your request for the
following:

“S.I. Newhouse Center for Law and Justice Rutgers, The State University of
New Jersey
123 Washington Street
Newark, New Jersey 07102-3094
Phone: (973) 353-3159

October 8, 2020

Municipal Clerk

RE: Open Public Records Act and Common Law Request Regarding
Implementation of the New Jersey Attorney General Immigrant Trust
Directive 2018-6

Dear Records Custodian,

Pursuant to the New Jersey Open Public Records Act (OPRA –
N.J.S.A.47:1A-1, et seq.) and common law right of access, we write seeking
to obtain records related to how your Department (herein referred to as
“the Department”) has implemented the New Jersey Attorney General Gurbir
Grewal’s Immigrant Trust Directive 2018-6 and how this agency works with
federal immigration enforcement officials. We ask that you please direct
this request to all appropriate offices, departments, and records
custodians within the Department that may supply any of the records sought
through this request.

A. Our Common Law Interest
The Immigrant Trust Directive intends to curtail state and local
participation in federal immigration enforcement, ensure effective
policing, and foster relationships between law enforcement agencies and
immigrant communities. As part of a scholarly research project, we, the
requestors, seek these documents in order to assess the degree to which
the Department is committed to implementing the directive and is in
compliance with public records request laws.

We the requesters are Dean Rose Cuison-Villazor and Dr. Peter Mancina.
Dean Cuison-Villazor is Vice Dean, Professor of Law, and Chancellor’s
Social Justice Scholar of the Rutgers Law School and Director of the
Center for Immigration Law, Policy, and Justice. She has written and
published extensively about non-cooperation policies or “sanctuary”
policies, which have been published in the Columbia Law Review, Minnesota
Law Review, Washington University Law Review, and UC Davis Law Review.
Dean Cuison-Villazor is also Director of the Center for Immigration Law,
Policy and Justice (CILPJ), which engages in interdisciplinary
scholarship, research, and advocacy focused on exploring more inclusive
immigration and citizenship laws.

Dr. Peter Mancina is Visiting Scholar in the Center for Immigration Law,
Policy, and Justice at Rutgers Law School, Researcher in the Department of
Social Anthropology at Stockholm University, and Research Associate in the
University of Oxford Centre for Criminology and Border Criminologies
Program. Dr. Mancina has examined the historical development of sanctuary
policy in the United States and police compliance with “sanctuary” laws at
the local, county, and state levels. He is author of the 2019 policy
implementation report Turning the Golden State into a Sanctuary State: A
Report on the Impact and Implementation of the California Values Act
(SB54).

We greatly appreciate your assistance in providing us the following
documents.

B. Requested Records (See Footnote 1 below)

I. Policies, Regulations, Memorandum, Guidance, and Forms

1. All records of policies, regulations, memorandum, guidance, or forms
that the Department has adopted related to the implementation of the New
Jersey Attorney General Gurbir Grewal’s Immigrant Trust Directive 2018-6
version 1 (issued on November 29, 2018) (Footnote 2) and version 2 (issued
on March 15, 2019)(Footnote 3), herein both versions referred to
collectively as the “Directive.”
Date Range: November 29, 2018 to the present.

2. All records of policies, procedures, protocols, directives, general
orders that the Department has adopted regarding providing any form of
assistance to, undertaking joint operations with, or forming joint task
forces with the Department of Homeland Security (“DHS”), U.S. Customs and
Border Protection (“CBP”), or Immigration and Customs Enforcement (“ICE”
(including ICE Homeland Security Investigations (“HSI”)). Examples of such
policies may pertain to how the Department

a. books or releases federal criminal or immigration detainees; transfers
individuals into federal custody;
b. provides DHS, CBP, ICE, and HSI access to department facilities,
Department computers, information technology networks, department
databases;
c. provides immigration agencies use of Department offices, desk space, or
space where they can carry out their federal work;
d. responds to federal requests for a notification of an inmate’s release
date, time, and place, as well as any personally identifying information
for the individual;
e. detains individuals for the purpose of enforcing immigration law;
f. acts upon DHS, CBP, ICE, and HSI administrative warrants;
g. responds to federal immigration agency requests to interview people in
Department custody and provides access to these individuals to carry out
an interview;
h. provides backup assistance including but not limited to traffic control
and perimeter security in the event of an immigration enforcement action
or emergency situation;
i. provides booking rosters, intake rosters, or lists of detainees in
Department detention facilities;
j. asks members of the public, witnesses, suspects, or those who have been
arrested about immigration status information;
k. patrols U.S. national borders;
l. processes requests for T- and U-visa certifications; or
m. submits Immigrant Alien Queries (IAQs) to the ICE Law Enforcement
Support Center (“ICE-LESC”) and acts upon Immigrant Alien Responses (IARs)
from the ICE-LESC as part of the State Criminal Alien Assistance Program
(SCAAP)
Date Range: November 29, 2018 to the present.

II. Agreements, Contracts, or Memorandum of Understanding

3. All agreements, contracts, or Memorandum of Understanding, including
any addendum or renewal document between DHS, ICE, ICE-HSI, or CBP and the
Department. Date Range: November 29, 2018 to the present

III. Training Records

4. All records that the Department has used to train its members about the
Directive, including training materials, manuals, memorandums, and power
point presentations. Date range: November 29, 2018 to the present

5. Any training logs records that the Department has created to track the
completion of training of its employees in the Directive or
Directive-related Department policies. Date range: November 29, 2018 to
the present

IV. Incident Reports

6. All incident reports related to the Department providing any form of
assistance to CBP or ICE, (including HSI) as described in request number
2, participation in joint task forces, a 287g program, or any other form
of joint operation with CBP, or ICE (including HSI). Date Range: November
29, 2018 to the present

7. All incident reports related to incidents when CBP or ICE, (including
HSI) arrested an individual on Department property immediately after they
were released from Department custody to the public. Date Range: November
29, 2018 to the present

V. Quantitative Data Reports Regarding Department Assistance to ICE and
CBP

8. All records (including electronically stored information in a database,
written reports, statistics, memoranda or other data) that provide the
number of instances when the Department accommodated an ICE or CBP request
for the Department to
a. detain an individual
b. transfer an individual to ICE or CBP custody
c. notify ICE or CBP of the person’s release from Department custody
d. provide backup assistance for an immigration enforcement action
e. provide backup assistance for an emergency situation
f. allow ICE or CBP to interview an individual in Department custody
g. participate in a joint operation with ICE or CBP; or
h. any other form of assistance to ICE or CBP
Date Range: November 29, 2017 to the present

9. All reports, emails, and memorandum that explain the reason, purpose,
policy basis, or goal for which the Department accommodated ICE or CBP
requests for assistance outlined in request number 8. Date Range: November
29, 2017 to the present

10. All records (including electronically stored information in a
database, written reports, statistics, memoranda or other data), arrest
reports, CAD reports or similar records) that list
a. the number of individuals arrested during joint operations with DHS,
ICE, or CBP;
b. the criminal charges brought against each individual that was arrested
during joint operations with DHS, ICE, or CBP; or
c. the number of individuals charged with civil immigration violations
during joint operations with DHS, ICE, or CBP.
Date Range: November 29, 2017 to the present

11. All records (including electronically stored information in a
database, written reports, statistics, memoranda or other data), that list
the number of people that the Department released to the public and who
were immediately arrested by ICE or CBP on Department property. Date
Range: November 29, 2017 to the present

VI. Detainee Movement Logs

12. All records that include the “movement history” logs of individuals in
Department custody for whom an I-247 detainer, notification request, or
transfer request was lodged. This may include records logging how
individuals are moved through different Department divisions, wings,
areas, programs, or Department facilities (ie. Booking, housing). Date
Range: November 29, 2017 to the present

VII. Communications Records

13. All communications (herein, “communications” refers to emails, texts,
faxes, letters, social media posts) about implementing the Directive in
the Department, how the Department interacts with or assists ICE and CBP,
or making inmate release information available to the public between
Department Command Staff or Supervising Staff and the following types of
Department employees:
a. Those who contribute to the development of department policy;
b. Those who directly interact with the public;
c. Those who directly interact with people in Department custody; and
d. Those who directly interact with federal immigration agencies
Date Range: November, 29, 2018 to the present

14. All communications about implementing the Directive in the Department,
how the Department interacts with ICE and CBP, or making inmate release
information available to the public between Department Personnel and
individuals in the following external agencies:
a. ICE;
b. CBP;
c. The U.S. Department of Justice;
d. The White House;
e. The New Jersey Department of Justice;
f. The Sheriffs Association of New Jersey; or
g. The New Jersey State Association of Chiefs of Police
Date Range: November, 29, 2018 to the present We request that all
responsive records be sent as electronic files via email to
[email address]. If the Department cannot provide
responsive documents to certain requests above, please indicate the number
of the request and the reason for the denial.

As N.J.S.A. 47:1A-5(i) provides that public agencies respond to OPRA
records requests within 7 days, I look forward to hearing from you within
this time.
Thank you in advance and we look forward to your response.
Sincerely,

Dean Rose Cuison-Villazor
Vice Dean, Professor of Law and Chancellor’s Social Justice Scholar
Director, Center for Immigration Law, Policy and Justice
Rutgers Law School
123 Washington Street
Newark, NJ 07102
Phone number: (973) 353-3159
Email: [email address]

Dr. Peter Mancina
Visiting Scholar
Center for Immigration Law, Policy and Justice Rutgers Law School
123 Washington Street
Newark, NJ 07102
Phone number: (415)-226-8714
Email: [email address]

Footnotes
FN 1: The term “records” as used herein means records as broadly defined
by N.J.S.A.47:1A-1.1 and includes, “any paper, written or printed book,
document, drawing, map, plan, photograph, microfilm, data processed or
image processed document, information stored or maintained electronically
or by sound-recording or in a similar device, or any copy thereof, that
has been made, maintained or kept on file in the course of his or its
official business by any officer, commission, agency or authority of the
State or of any political subdivision thereof, including subordinate
boards thereof, or that has been received in the course of his or its
official business by any such officer, commission, agency, or authority of
the State or of any political subdivision thereof, including subordinate
boards thereof. The terms shall not include inter-agency or intra-agency
advisory, consultative, or deliberative material.” “Records” that we are
interested in obtaining are those that not only are stored in government
office locations, on government servers, or on government computers and
devices but also in private locations and storage facilities, on private
servers, on private computers and devices, in private email accounts, and
in public and private social media accounts.

FN2: Version 1:
https://nam02.safelinks.protection.outlo...

FN3: Version 2:
https://nam02.safelinks.protection.outlo...

-------------------------------------------------------------------

Please use deliver records electronically via email to the below UNIQUE
address for all replies to this request:
[OPRA #17269 email]

Is [Rutgers University request email] the wrong address for OPRA requests to Rutgers
University? If so, please contact us using this form:
https://nam02.safelinks.protection.outlo...

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
https://nam02.safelinks.protection.outlo...

View this OPRA request & responses online:
https://nam02.safelinks.protection.outlo...

Please note that in some cases publication of requests and responses will
be delayed.

If you find this service useful as an OPRA custodian, please ask your web
manager to link to us from your organisation's website.

-------------------------------------------------------------------”

The University is still processing this request. Please note, due to the
State of New Jersey being under a public health emergency, processing and
response to this request may be delayed. The University requires an
extension until November 04, 2020. We appreciate your patience during this
time, and are working to respond to your request as quickly as possible.
If you have any questions or concerns, please contact me at my office at
973.972.1981.

Sincerely,

 

Jewell Battle

University Custodian of Records

Rutgers, The State University of New Jersey

 

 

973.972.1981

To monitor the progress or update this request please log into the [1]Open
Public Records Center.

References

Visible links
1. https://u8387795.ct.sendgrid.net/ls/clic...

Rutgers Open Public Records Center,

--- Please respond above this line ---

Reference: Rutgers Open Public Records Request # R006217-100820

 

Dear Cuison-Villazor,

Please accept this letter as the University Custodian of Records response
to your request for records pursuant to the Open Public Records Act
(“OPRA”). On October 08, 2020, this office received your request for the
following:

“S.I. Newhouse Center for Law and Justice Rutgers, The State University of
New Jersey
123 Washington Street
Newark, New Jersey 07102-3094
Phone: (973) 353-3159

October 8, 2020

Municipal Clerk

RE: Open Public Records Act and Common Law Request Regarding
Implementation of the New Jersey Attorney General Immigrant Trust
Directive 2018-6

Dear Records Custodian,

Pursuant to the New Jersey Open Public Records Act (OPRA –
N.J.S.A.47:1A-1, et seq.) and common law right of access, we write seeking
to obtain records related to how your Department (herein referred to as
“the Department”) has implemented the New Jersey Attorney General Gurbir
Grewal’s Immigrant Trust Directive 2018-6 and how this agency works with
federal immigration enforcement officials. We ask that you please direct
this request to all appropriate offices, departments, and records
custodians within the Department that may supply any of the records sought
through this request.

A. Our Common Law Interest
The Immigrant Trust Directive intends to curtail state and local
participation in federal immigration enforcement, ensure effective
policing, and foster relationships between law enforcement agencies and
immigrant communities. As part of a scholarly research project, we, the
requestors, seek these documents in order to assess the degree to which
the Department is committed to implementing the directive and is in
compliance with public records request laws.

We the requesters are Dean Rose Cuison-Villazor and Dr. Peter Mancina.
Dean Cuison-Villazor is Vice Dean, Professor of Law, and Chancellor’s
Social Justice Scholar of the Rutgers Law School and Director of the
Center for Immigration Law, Policy, and Justice. She has written and
published extensively about non-cooperation policies or “sanctuary”
policies, which have been published in the Columbia Law Review, Minnesota
Law Review, Washington University Law Review, and UC Davis Law Review.
Dean Cuison-Villazor is also Director of the Center for Immigration Law,
Policy and Justice (CILPJ), which engages in interdisciplinary
scholarship, research, and advocacy focused on exploring more inclusive
immigration and citizenship laws.

Dr. Peter Mancina is Visiting Scholar in the Center for Immigration Law,
Policy, and Justice at Rutgers Law School, Researcher in the Department of
Social Anthropology at Stockholm University, and Research Associate in the
University of Oxford Centre for Criminology and Border Criminologies
Program. Dr. Mancina has examined the historical development of sanctuary
policy in the United States and police compliance with “sanctuary” laws at
the local, county, and state levels. He is author of the 2019 policy
implementation report Turning the Golden State into a Sanctuary State: A
Report on the Impact and Implementation of the California Values Act
(SB54).

We greatly appreciate your assistance in providing us the following
documents.

B. Requested Records (See Footnote 1 below)

I. Policies, Regulations, Memorandum, Guidance, and Forms

1. All records of policies, regulations, memorandum, guidance, or forms
that the Department has adopted related to the implementation of the New
Jersey Attorney General Gurbir Grewal’s Immigrant Trust Directive 2018-6
version 1 (issued on November 29, 2018) (Footnote 2) and version 2 (issued
on March 15, 2019)(Footnote 3), herein both versions referred to
collectively as the “Directive.”
Date Range: November 29, 2018 to the present.

2. All records of policies, procedures, protocols, directives, general
orders that the Department has adopted regarding providing any form of
assistance to, undertaking joint operations with, or forming joint task
forces with the Department of Homeland Security (“DHS”), U.S. Customs and
Border Protection (“CBP”), or Immigration and Customs Enforcement (“ICE”
(including ICE Homeland Security Investigations (“HSI”)). Examples of such
policies may pertain to how the Department

a. books or releases federal criminal or immigration detainees; transfers
individuals into federal custody;
b. provides DHS, CBP, ICE, and HSI access to department facilities,
Department computers, information technology networks, department
databases;
c. provides immigration agencies use of Department offices, desk space, or
space where they can carry out their federal work;
d. responds to federal requests for a notification of an inmate’s release
date, time, and place, as well as any personally identifying information
for the individual;
e. detains individuals for the purpose of enforcing immigration law;
f. acts upon DHS, CBP, ICE, and HSI administrative warrants;
g. responds to federal immigration agency requests to interview people in
Department custody and provides access to these individuals to carry out
an interview;
h. provides backup assistance including but not limited to traffic control
and perimeter security in the event of an immigration enforcement action
or emergency situation;
i. provides booking rosters, intake rosters, or lists of detainees in
Department detention facilities;
j. asks members of the public, witnesses, suspects, or those who have been
arrested about immigration status information;
k. patrols U.S. national borders;
l. processes requests for T- and U-visa certifications; or
m. submits Immigrant Alien Queries (IAQs) to the ICE Law Enforcement
Support Center (“ICE-LESC”) and acts upon Immigrant Alien Responses (IARs)
from the ICE-LESC as part of the State Criminal Alien Assistance Program
(SCAAP)
Date Range: November 29, 2018 to the present.

II. Agreements, Contracts, or Memorandum of Understanding

3. All agreements, contracts, or Memorandum of Understanding, including
any addendum or renewal document between DHS, ICE, ICE-HSI, or CBP and the
Department. Date Range: November 29, 2018 to the present

III. Training Records

4. All records that the Department has used to train its members about the
Directive, including training materials, manuals, memorandums, and power
point presentations. Date range: November 29, 2018 to the present

5. Any training logs records that the Department has created to track the
completion of training of its employees in the Directive or
Directive-related Department policies. Date range: November 29, 2018 to
the present

IV. Incident Reports

6. All incident reports related to the Department providing any form of
assistance to CBP or ICE, (including HSI) as described in request number
2, participation in joint task forces, a 287g program, or any other form
of joint operation with CBP, or ICE (including HSI). Date Range: November
29, 2018 to the present

7. All incident reports related to incidents when CBP or ICE, (including
HSI) arrested an individual on Department property immediately after they
were released from Department custody to the public. Date Range: November
29, 2018 to the present

V. Quantitative Data Reports Regarding Department Assistance to ICE and
CBP

8. All records (including electronically stored information in a database,
written reports, statistics, memoranda or other data) that provide the
number of instances when the Department accommodated an ICE or CBP request
for the Department to
a. detain an individual
b. transfer an individual to ICE or CBP custody
c. notify ICE or CBP of the person’s release from Department custody
d. provide backup assistance for an immigration enforcement action
e. provide backup assistance for an emergency situation
f. allow ICE or CBP to interview an individual in Department custody
g. participate in a joint operation with ICE or CBP; or
h. any other form of assistance to ICE or CBP
Date Range: November 29, 2017 to the present

9. All reports, emails, and memorandum that explain the reason, purpose,
policy basis, or goal for which the Department accommodated ICE or CBP
requests for assistance outlined in request number 8. Date Range: November
29, 2017 to the present

10. All records (including electronically stored information in a
database, written reports, statistics, memoranda or other data), arrest
reports, CAD reports or similar records) that list
a. the number of individuals arrested during joint operations with DHS,
ICE, or CBP;
b. the criminal charges brought against each individual that was arrested
during joint operations with DHS, ICE, or CBP; or
c. the number of individuals charged with civil immigration violations
during joint operations with DHS, ICE, or CBP.
Date Range: November 29, 2017 to the present

11. All records (including electronically stored information in a
database, written reports, statistics, memoranda or other data), that list
the number of people that the Department released to the public and who
were immediately arrested by ICE or CBP on Department property. Date
Range: November 29, 2017 to the present

VI. Detainee Movement Logs

12. All records that include the “movement history” logs of individuals in
Department custody for whom an I-247 detainer, notification request, or
transfer request was lodged. This may include records logging how
individuals are moved through different Department divisions, wings,
areas, programs, or Department facilities (ie. Booking, housing). Date
Range: November 29, 2017 to the present

VII. Communications Records

13. All communications (herein, “communications” refers to emails, texts,
faxes, letters, social media posts) about implementing the Directive in
the Department, how the Department interacts with or assists ICE and CBP,
or making inmate release information available to the public between
Department Command Staff or Supervising Staff and the following types of
Department employees:
a. Those who contribute to the development of department policy;
b. Those who directly interact with the public;
c. Those who directly interact with people in Department custody; and
d. Those who directly interact with federal immigration agencies
Date Range: November, 29, 2018 to the present

14. All communications about implementing the Directive in the Department,
how the Department interacts with ICE and CBP, or making inmate release
information available to the public between Department Personnel and
individuals in the following external agencies:
a. ICE;
b. CBP;
c. The U.S. Department of Justice;
d. The White House;
e. The New Jersey Department of Justice;
f. The Sheriffs Association of New Jersey; or
g. The New Jersey State Association of Chiefs of Police
Date Range: November, 29, 2018 to the present We request that all
responsive records be sent as electronic files via email to
[email address]. If the Department cannot provide
responsive documents to certain requests above, please indicate the number
of the request and the reason for the denial.

As N.J.S.A. 47:1A-5(i) provides that public agencies respond to OPRA
records requests within 7 days, I look forward to hearing from you within
this time.
Thank you in advance and we look forward to your response.
Sincerely,

Dean Rose Cuison-Villazor
Vice Dean, Professor of Law and Chancellor’s Social Justice Scholar
Director, Center for Immigration Law, Policy and Justice
Rutgers Law School
123 Washington Street
Newark, NJ 07102
Phone number: (973) 353-3159
Email: [email address]

Dr. Peter Mancina
Visiting Scholar
Center for Immigration Law, Policy and Justice Rutgers Law School
123 Washington Street
Newark, NJ 07102
Phone number: (415)-226-8714
Email: [email address]

Footnotes
FN 1: The term “records” as used herein means records as broadly defined
by N.J.S.A.47:1A-1.1 and includes, “any paper, written or printed book,
document, drawing, map, plan, photograph, microfilm, data processed or
image processed document, information stored or maintained electronically
or by sound-recording or in a similar device, or any copy thereof, that
has been made, maintained or kept on file in the course of his or its
official business by any officer, commission, agency or authority of the
State or of any political subdivision thereof, including subordinate
boards thereof, or that has been received in the course of his or its
official business by any such officer, commission, agency, or authority of
the State or of any political subdivision thereof, including subordinate
boards thereof. The terms shall not include inter-agency or intra-agency
advisory, consultative, or deliberative material.” “Records” that we are
interested in obtaining are those that not only are stored in government
office locations, on government servers, or on government computers and
devices but also in private locations and storage facilities, on private
servers, on private computers and devices, in private email accounts, and
in public and private social media accounts.

FN2: Version 1:
https://nam02.safelinks.protection.outlo...

FN3: Version 2:
https://nam02.safelinks.protection.outlo...

-------------------------------------------------------------------

Please use deliver records electronically via email to the below UNIQUE
address for all replies to this request:
[OPRA #17269 email]

Is [Rutgers University request email] the wrong address for OPRA requests to Rutgers
University? If so, please contact us using this form:
https://nam02.safelinks.protection.outlo...

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
https://nam02.safelinks.protection.outlo...

View this OPRA request & responses online:
https://nam02.safelinks.protection.outlo...

Please note that in some cases publication of requests and responses will
be delayed.

If you find this service useful as an OPRA custodian, please ask your web
manager to link to us from your organisation's website.

-------------------------------------------------------------------”

The University is still processing this request. Please note, due to the
State of New Jersey being under a public health emergency, processing and
response to this request may be delayed. The University requires an
extension until November 12, 2020. We appreciate your patience during this
time, and are working to respond to your request as quickly as possible.
If you have any questions or concerns, please contact me at my office at
973.972.1981.

 

Sincerely,

 

Jewell Battle

University Custodian of Records

Rutgers, The State University of New Jersey

 

 

973.972.1981

To monitor the progress or update this request please log into the [1]Open
Public Records Center.

References

Visible links
1. https://u8387795.ct.sendgrid.net/ls/clic...

Rutgers Open Public Records Center,

Attachments:
[1]I.1.pdf
[2]I.2.pdf
[3]III.4.pdf
[4]V.8.pdf
[5]VII.13.pdf

--- Please respond above this line ---

Reference: Rutgers Open Public Records Request, #R006217-100820

 

Dear Cuison-Villazor,

Please accept this letter as the University Custodian of Records response
to your request for records pursuant to the Open Public Records Act
(“OPRA”). On October 08, 2020, this office received your request for the
following:

“S.I. Newhouse Center for Law and Justice Rutgers, The State University of
New Jersey
123 Washington Street
Newark, New Jersey 07102-3094
Phone: (973) 353-3159

October 8, 2020

Municipal Clerk

RE: Open Public Records Act and Common Law Request Regarding
Implementation of the New Jersey Attorney General Immigrant Trust
Directive 2018-6

Dear Records Custodian,

Pursuant to the New Jersey Open Public Records Act (OPRA –
N.J.S.A.47:1A-1, et seq.) and common law right of access, we write seeking
to obtain records related to how your Department (herein referred to as
“the Department”) has implemented the New Jersey Attorney General Gurbir
Grewal’s Immigrant Trust Directive 2018-6 and how this agency works with
federal immigration enforcement officials. We ask that you please direct
this request to all appropriate offices, departments, and records
custodians within the Department that may supply any of the records sought
through this request.

A. Our Common Law Interest
The Immigrant Trust Directive intends to curtail state and local
participation in federal immigration enforcement, ensure effective
policing, and foster relationships between law enforcement agencies and
immigrant communities. As part of a scholarly research project, we, the
requestors, seek these documents in order to assess the degree to which
the Department is committed to implementing the directive and is in
compliance with public records request laws.

We the requesters are Dean Rose Cuison-Villazor and Dr. Peter Mancina.
Dean Cuison-Villazor is Vice Dean, Professor of Law, and Chancellor’s
Social Justice Scholar of the Rutgers Law School and Director of the
Center for Immigration Law, Policy, and Justice. She has written and
published extensively about non-cooperation policies or “sanctuary”
policies, which have been published in the Columbia Law Review, Minnesota
Law Review, Washington University Law Review, and UC Davis Law Review.
Dean Cuison-Villazor is also Director of the Center for Immigration Law,
Policy and Justice (CILPJ), which engages in interdisciplinary
scholarship, research, and advocacy focused on exploring more inclusive
immigration and citizenship laws.

Dr. Peter Mancina is Visiting Scholar in the Center for Immigration Law,
Policy, and Justice at Rutgers Law School, Researcher in the Department of
Social Anthropology at Stockholm University, and Research Associate in the
University of Oxford Centre for Criminology and Border Criminologies
Program. Dr. Mancina has examined the historical development of sanctuary
policy in the United States and police compliance with “sanctuary” laws at
the local, county, and state levels. He is author of the 2019 policy
implementation report Turning the Golden State into a Sanctuary State: A
Report on the Impact and Implementation of the California Values Act
(SB54).

We greatly appreciate your assistance in providing us the following
documents.

B. Requested Records (See Footnote 1 below)

I. Policies, Regulations, Memorandum, Guidance, and Forms

1. All records of policies, regulations, memorandum, guidance, or forms
that the Department has adopted related to the implementation of the New
Jersey Attorney General Gurbir Grewal’s Immigrant Trust Directive 2018-6
version 1 (issued on November 29, 2018) (Footnote 2) and version 2 (issued
on March 15, 2019)(Footnote 3), herein both versions referred to
collectively as the “Directive.”
Date Range: November 29, 2018 to the present.

2. All records of policies, procedures, protocols, directives, general
orders that the Department has adopted regarding providing any form of
assistance to, undertaking joint operations with, or forming joint task
forces with the Department of Homeland Security (“DHS”), U.S. Customs and
Border Protection (“CBP”), or Immigration and Customs Enforcement (“ICE”
(including ICE Homeland Security Investigations (“HSI”)). Examples of such
policies may pertain to how the Department

a. books or releases federal criminal or immigration detainees; transfers
individuals into federal custody;
b. provides DHS, CBP, ICE, and HSI access to department facilities,
Department computers, information technology networks, department
databases;
c. provides immigration agencies use of Department offices, desk space, or
space where they can carry out their federal work;
d. responds to federal requests for a notification of an inmate’s release
date, time, and place, as well as any personally identifying information
for the individual;
e. detains individuals for the purpose of enforcing immigration law;
f. acts upon DHS, CBP, ICE, and HSI administrative warrants;
g. responds to federal immigration agency requests to interview people in
Department custody and provides access to these individuals to carry out
an interview;
h. provides backup assistance including but not limited to traffic control
and perimeter security in the event of an immigration enforcement action
or emergency situation;
i. provides booking rosters, intake rosters, or lists of detainees in
Department detention facilities;
j. asks members of the public, witnesses, suspects, or those who have been
arrested about immigration status information;
k. patrols U.S. national borders;
l. processes requests for T- and U-visa certifications; or
m. submits Immigrant Alien Queries (IAQs) to the ICE Law Enforcement
Support Center (“ICE-LESC”) and acts upon Immigrant Alien Responses (IARs)
from the ICE-LESC as part of the State Criminal Alien Assistance Program
(SCAAP)
Date Range: November 29, 2018 to the present.

II. Agreements, Contracts, or Memorandum of Understanding

3. All agreements, contracts, or Memorandum of Understanding, including
any addendum or renewal document between DHS, ICE, ICE-HSI, or CBP and the
Department. Date Range: November 29, 2018 to the present

III. Training Records

4. All records that the Department has used to train its members about the
Directive, including training materials, manuals, memorandums, and power
point presentations. Date range: November 29, 2018 to the present

5. Any training logs records that the Department has created to track the
completion of training of its employees in the Directive or
Directive-related Department policies. Date range: November 29, 2018 to
the present

IV. Incident Reports

6. All incident reports related to the Department providing any form of
assistance to CBP or ICE, (including HSI) as described in request number
2, participation in joint task forces, a 287g program, or any other form
of joint operation with CBP, or ICE (including HSI). Date Range: November
29, 2018 to the present

7. All incident reports related to incidents when CBP or ICE, (including
HSI) arrested an individual on Department property immediately after they
were released from Department custody to the public. Date Range: November
29, 2018 to the present

V. Quantitative Data Reports Regarding Department Assistance to ICE and
CBP

8. All records (including electronically stored information in a database,
written reports, statistics, memoranda or other data) that provide the
number of instances when the Department accommodated an ICE or CBP request
for the Department to
a. detain an individual
b. transfer an individual to ICE or CBP custody
c. notify ICE or CBP of the person’s release from Department custody
d. provide backup assistance for an immigration enforcement action
e. provide backup assistance for an emergency situation
f. allow ICE or CBP to interview an individual in Department custody
g. participate in a joint operation with ICE or CBP; or
h. any other form of assistance to ICE or CBP
Date Range: November 29, 2017 to the present

9. All reports, emails, and memorandum that explain the reason, purpose,
policy basis, or goal for which the Department accommodated ICE or CBP
requests for assistance outlined in request number 8. Date Range: November
29, 2017 to the present

10. All records (including electronically stored information in a
database, written reports, statistics, memoranda or other data), arrest
reports, CAD reports or similar records) that list
a. the number of individuals arrested during joint operations with DHS,
ICE, or CBP;
b. the criminal charges brought against each individual that was arrested
during joint operations with DHS, ICE, or CBP; or
c. the number of individuals charged with civil immigration violations
during joint operations with DHS, ICE, or CBP.
Date Range: November 29, 2017 to the present

11. All records (including electronically stored information in a
database, written reports, statistics, memoranda or other data), that list
the number of people that the Department released to the public and who
were immediately arrested by ICE or CBP on Department property. Date
Range: November 29, 2017 to the present

VI. Detainee Movement Logs

12. All records that include the “movement history” logs of individuals in
Department custody for whom an I-247 detainer, notification request, or
transfer request was lodged. This may include records logging how
individuals are moved through different Department divisions, wings,
areas, programs, or Department facilities (ie. Booking, housing). Date
Range: November 29, 2017 to the present

VII. Communications Records

13. All communications (herein, “communications” refers to emails, texts,
faxes, letters, social media posts) about implementing the Directive in
the Department, how the Department interacts with or assists ICE and CBP,
or making inmate release information available to the public between
Department Command Staff or Supervising Staff and the following types of
Department employees:
a. Those who contribute to the development of department policy;
b. Those who directly interact with the public;
c. Those who directly interact with people in Department custody; and
d. Those who directly interact with federal immigration agencies
Date Range: November, 29, 2018 to the present

14. All communications about implementing the Directive in the Department,
how the Department interacts with ICE and CBP, or making inmate release
information available to the public between Department Personnel and
individuals in the following external agencies:
a. ICE;
b. CBP;
c. The U.S. Department of Justice;
d. The White House;
e. The New Jersey Department of Justice;
f. The Sheriffs Association of New Jersey; or
g. The New Jersey State Association of Chiefs of Police
Date Range: November, 29, 2018 to the present We request that all
responsive records be sent as electronic files via email to
[email address]. If the Department cannot provide
responsive documents to certain requests above, please indicate the number
of the request and the reason for the denial.

As N.J.S.A. 47:1A-5(i) provides that public agencies respond to OPRA
records requests within 7 days, I look forward to hearing from you within
this time.
Thank you in advance and we look forward to your response.
Sincerely,

Dean Rose Cuison-Villazor
Vice Dean, Professor of Law and Chancellor’s Social Justice Scholar
Director, Center for Immigration Law, Policy and Justice
Rutgers Law School
123 Washington Street
Newark, NJ 07102
Phone number: (973) 353-3159
Email: [email address]

Dr. Peter Mancina
Visiting Scholar
Center for Immigration Law, Policy and Justice Rutgers Law School
123 Washington Street
Newark, NJ 07102
Phone number: (415)-226-8714
Email: [email address]

Footnotes
FN 1: The term “records” as used herein means records as broadly defined
by N.J.S.A.47:1A-1.1 and includes, “any paper, written or printed book,
document, drawing, map, plan, photograph, microfilm, data processed or
image processed document, information stored or maintained electronically
or by sound-recording or in a similar device, or any copy thereof, that
has been made, maintained or kept on file in the course of his or its
official business by any officer, commission, agency or authority of the
State or of any political subdivision thereof, including subordinate
boards thereof, or that has been received in the course of his or its
official business by any such officer, commission, agency, or authority of
the State or of any political subdivision thereof, including subordinate
boards thereof. The terms shall not include inter-agency or intra-agency
advisory, consultative, or deliberative material.” “Records” that we are
interested in obtaining are those that not only are stored in government
office locations, on government servers, or on government computers and
devices but also in private locations and storage facilities, on private
servers, on private computers and devices, in private email accounts, and
in public and private social media accounts.

FN2: Version 1:
https://nam02.safelinks.protection.outlo...

FN3: Version 2:
https://nam02.safelinks.protection.outlo...

-------------------------------------------------------------------

Please use deliver records electronically via email to the below UNIQUE
address for all replies to this request:
[OPRA #17269 email]

Is [Rutgers University request email] the wrong address for OPRA requests to Rutgers
University? If so, please contact us using this form:
https://nam02.safelinks.protection.outlo...

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
https://nam02.safelinks.protection.outlo...

View this OPRA request & responses online:
https://nam02.safelinks.protection.outlo...

Please note that in some cases publication of requests and responses will
be delayed.

If you find this service useful as an OPRA custodian, please ask your web
manager to link to us from your organisation's website.

-------------------------------------------------------------------”

1. All records of policies, regulations, memorandum, guidance, or forms
that the Department has adopted related to the implementation of the New
Jersey Attorney General Gurbir Grewal’s Immigrant Trust Directive 2018-6
version 1 (issued on November 29, 2018) (Footnote 2) and version 2 (issued
on March 15, 2019)(Footnote 3), herein both versions referred to
collectively as the “Directive.”
Date Range: November 29, 2018 to the present.

The University has reviewed PART 1 of your request. The responsive
document(s), which is entitled I.1.pdf, is available to you through the
Rutgers University Open Records Center. Please log in to the Records
Center and "My Request Center" to retrieve the appropriate responsive
document(s). The document(s) is also attached to this email for your
convenience. 

Please note, the responsive record has been redacted pursuant to OPRA’s
security exemption. OPRA exempts “[e]mergency or security information or
procedures for any buildings or facility which, if disclosed, would
jeopardize security of the building or facility or persons therein.”
N.J.S.A. 47:1A-1.1. Furthermore, OPRA also exempts “[s]ecurity measures
and surveillance techniques which, if disclosed, would create a risk to
the safety of persons, property, electronic data or software.” N.J.S.A.
47:1A-1.1.

The University is also seeking clarification for this portion of your
request. As written, this portion of your request is over broad. OPRA
provides access to “identifiable” government records that are not
otherwise exempt. New Jersey courts have held that a request under OPRA
must specifically describe the document sought. “A proper request for
access to government records must identify with reasonable clarity those
documents that are desired, and a party cannot satisfy this requirement by
simply requesting all of an agency’s documents.” Bent v. Stafford Police
Department, 381 N.J. Super. 30, 38 (App. Div. 2005). A blanket request for
a class of various documents is not a request for specific identifiable
documents, and a custodian is not required to conduct research to locate
records potentially responsive to a request. See Elcavage v. West Milford
Twp., GRC Complaint No. 2006-64 (May 28, 2008). Moreover, OPRA does not
require a custodian to conduct research or an agency to expend
“indisputably limited agency resources to sift through the [agency's] vast
files and identify, analyze and select potentially relevant and responsive
public records.” Spectraserv v. Middlesex County Utilities Authority, 416
N.J. Super. 565, 578 (App. Div. 2010), Burnett v. Gloucester County, 415
N.J. Super. 506, 515 (App. Div. 2010). Nor does OPRA require an agency to
analyze, collate and compile records in order to respond to a request. MAG
Entertainment v. Division of Alcoholic Beverage Control, 375 N.J. Super.
534, 549 (App. Div. 2005). “In short, OPRA does not countenance open-ended
searches of an agency’s files.” Id. at 549. 

Please provide the above requested clarification. You may clarify your
request or submit narrower search terms by including a time frame, or
specifying precisely what records you are seeking.

2. All records of policies, procedures, protocols, directives, general
orders that the Department has adopted regarding providing any form of
assistance to, undertaking joint operations with, or forming joint task
forces with the Department of Homeland Security (“DHS”), U.S. Customs and
Border Protection (“CBP”), or Immigration and Customs Enforcement (“ICE”
(including ICE Homeland Security Investigations (“HSI”)). Examples of such
policies may pertain to how the Department

a. books or releases federal criminal or immigration detainees; transfers
individuals into federal custody;
b. provides DHS, CBP, ICE, and HSI access to department facilities,
Department computers, information technology networks, department
databases;
c. provides immigration agencies use of Department offices, desk space, or
space where they can carry out their federal work;
d. responds to federal requests for a notification of an inmate’s release
date, time, and place, as well as any personally identifying information
for the individual;
e. detains individuals for the purpose of enforcing immigration law;
f. acts upon DHS, CBP, ICE, and HSI administrative warrants;
g. responds to federal immigration agency requests to interview people in
Department custody and provides access to these individuals to carry out
an interview;
h. provides backup assistance including but not limited to traffic control
and perimeter security in the event of an immigration enforcement action
or emergency situation;
i. provides booking rosters, intake rosters, or lists of detainees in
Department detention facilities;
j. asks members of the public, witnesses, suspects, or those who have been
arrested about immigration status information;
k. patrols U.S. national borders;
l. processes requests for T- and U-visa certifications; or
m. submits Immigrant Alien Queries (IAQs) to the ICE Law Enforcement
Support Center (“ICE-LESC”) and acts upon Immigrant Alien Responses (IARs)
from the ICE-LESC as part of the State Criminal Alien Assistance Program
(SCAAP)
Date Range: November 29, 2018 to the present.

The University has reviewed PART 2 of your request. The responsive
document(s), which is entitled I.2.pdf, is available to you through the
Rutgers University Open Records Center. Please log in to the Records
Center and "My Request Center" to retrieve the appropriate responsive
document(s). The document(s) is also attached to this email for your
convenience. 

Please note, the responsive record has been redacted pursuant to OPRA’s
security exemption. OPRA exempts “[e]mergency or security information or
procedures for any buildings or facility which, if disclosed, would
jeopardize security of the building or facility or persons therein.”
N.J.S.A. 47:1A-1.1. Furthermore, OPRA also exempts “[s]ecurity measures
and surveillance techniques which, if disclosed, would create a risk to
the safety of persons, property, electronic data or software.” N.J.S.A.
47:1A-1.1.

II. Agreements, Contracts, or Memorandum of Understanding

3. All agreements, contracts, or Memorandum of Understanding, including
any addendum or renewal document between DHS, ICE, ICE-HSI, or CBP and the
Department. Date Range: November 29, 2018 to the present

The University has reviewed PART 3 of your request and determined that no
responsive records exist. OPRA provides access to existing, identifiable
records. N.J.S.A. 47:1A-1.1. Because records responsive to PART 3 of your
request do not exist, this portion of your request is denied.

III. Training Records

4. All records that the Department has used to train its members about the
Directive, including training materials, manuals, memorandums, and power
point presentations. Date range: November 29, 2018 to the present

The University has reviewed PART 4 of your request. The responsive
document(s), including training records and power point presentations, are
located in the record entitled III.4.pdf, is available to you through the
Rutgers University Open Records Center. Please log in to the Records
Center and "My Request Center" to retrieve the appropriate responsive
document(s). The document(s) is also attached to this email for your
convenience. 

Please note, the responsive record has been redacted pursuant to OPRA’s
security exemption. OPRA exempts “[e]mergency or security information or
procedures for any buildings or facility which, if disclosed, would
jeopardize security of the building or facility or persons therein.”
N.J.S.A. 47:1A-1.1. Furthermore, OPRA also exempts “[s]ecurity measures
and surveillance techniques which, if disclosed, would create a risk to
the safety of persons, property, electronic data or software.” N.J.S.A.
47:1A-1.1.

The University has reviewed the portion of your request seeking manuals
and determined that no responsive records exist. OPRA provides access to
existing, identifiable records. N.J.S.A. 47:1A-1.1. Because records
responsive do not do not exist, this portion of your request is denied.

5. Any training logs records that the Department has created to track the
completion of training of its employees in the Directive or
Directive-related Department policies. Date range: November 29, 2018 to
the present

The University has reviewed PART 5 of your request. The responsive
document(s) is available to you through the Rutgers University Open
Records Center. Please log in to the Records Center and "My Request
Center" to retrieve the appropriate responsive document(s). The
document(s) is also attached to this email for your convenience. 

IV. Incident Reports

6. All incident reports related to the Department providing any form of
assistance to CBP or ICE, (including HSI) as described in request number
2, participation in joint task forces, a 287g program, or any other form
of joint operation with CBP, or ICE (including HSI). Date Range: November
29, 2018 to the present

We have reviewed PART 6 of your request and determined that the portion of
your request stating that you seek documents “providing any form of
assistance” is unclear and over broad. OPRA provides access to
“identifiable” government records that are not otherwise exempt. New
Jersey courts have held that a request under OPRA must specifically
describe the document sought. “A proper request for access to government
records must identify with reasonable clarity those documents that are
desired, and a party cannot satisfy this requirement by simply requesting
all of an agency’s documents.” Bent v. Stafford Police Department, 381
N.J. Super. 30, 38 (App. Div. 2005). A blanket request for a class of
various documents is not a request for specific identifiable documents,
and a custodian is not required to conduct research to locate records
potentially responsive to a request. See Elcavage v. West Milford Twp.,
GRC Complaint No. 2006-64 (May 28, 2008). Moreover, OPRA does not require
a custodian to conduct research or an agency to expend “indisputably
limited agency resources to sift through the [agency's] vast files and
identify, analyze and select potentially relevant and responsive public
records.” Spectraserv v. Middlesex County Utilities Authority, 416 N.J.
Super. 565, 578 (App. Div. 2010), Burnett v. Gloucester County, 415 N.J.
Super. 506, 515 (App. Div. 2010). Nor does OPRA require an agency to
analyze, collate and compile records in order to respond to a request. MAG
Entertainment v. Division of Alcoholic Beverage Control, 375 N.J. Super.
534, 549 (App. Div. 2005). “In short, OPRA does not countenance open-ended
searches of an agency’s files.” Id. at 549. 

Please clarify the portion of your request regarding the meaning of the
term “assistance.”

Additionally, the University would like to note a friendly reminder some
records, such as incident reports, may be considered criminal
investigatory records are exempt pursuant to OPRA. A “criminal
investigatory record” is defined by the statute as “a record which is not
required by law to be made, maintained or kept on file that is held by a
law enforcement agency which pertains to any criminal investigation or
related civil enforcement proceeding.” N.J.S.A. 47:1A-1.1. The Government
Records Council (“GRC”) has held that this definition “includes commonly
made police records such as incident reports, supplemental reports and
operations reports.” Blue v. Wall Township Police Department, GRC
Complaint 2002-47 (August 22, 2003). The GRC has consistently held that
investigation reports are not required to be made, maintained or kept by
law and are exempt from OPRA. See Briggs v. City of Trenton, GRC Complaint
No. 2007-58 (March 28, 2007); McCrone v. Burlington County Prosecutor’s
Office, GRC Complaint 2005-146 (November 22, 2005).

7. All incident reports related to incidents when CBP or ICE, (including
HSI) arrested an individual on Department property immediately after they
were released from Department custody to the public. Date Range: November
29, 2018 to the present

The University has reviewed PART 7 of your request and determined that no
responsive records exist. OPRA provides access to existing, identifiable
records. N.J.S.A. 47:1A-1.1. Because records responsive to PART 7 of your
request do not exist, this portion of your request is denied.

V. Quantitative Data Reports Regarding Department Assistance to ICE and
CBP

8. All records (including electronically stored information in a database,
written reports, statistics, memoranda or other data) that provide the
number of instances when the Department accommodated an ICE or CBP request
for the Department to
a. detain an individual
b. transfer an individual to ICE or CBP custody
c. notify ICE or CBP of the person’s release from Department custody
d. provide backup assistance for an immigration enforcement action
e. provide backup assistance for an emergency situation
f. allow ICE or CBP to interview an individual in Department custody
g. participate in a joint operation with ICE or CBP; or
h. any other form of assistance to ICE or CBP
Date Range: November 29, 2017 to the present

The University has reviewed PART 8 of your request. The responsive
document(s), which is entitled V.8.pdf, is available to you through the
Rutgers University Open Records Center. Please log in to the Records
Center and "My Request Center" to retrieve the appropriate responsive
document(s). The document(s) is also attached to this email for your
convenience. 

The University is also seeking clarification for this portion of your
request. As written, this portion of your request is over broad. OPRA
provides access to “identifiable” government records that are not
otherwise exempt. New Jersey courts have held that a request under OPRA
must specifically describe the document sought. “A proper request for
access to government records must identify with reasonable clarity those
documents that are desired, and a party cannot satisfy this requirement by
simply requesting all of an agency’s documents.” Bent v. Stafford Police
Department, 381 N.J. Super. 30, 38 (App. Div. 2005). A blanket request for
a class of various documents is not a request for specific identifiable
documents, and a custodian is not required to conduct research to locate
records potentially responsive to a request. See Elcavage v. West Milford
Twp., GRC Complaint No. 2006-64 (May 28, 2008). Moreover, OPRA does not
require a custodian to conduct research or an agency to expend
“indisputably limited agency resources to sift through the [agency's] vast
files and identify, analyze and select potentially relevant and responsive
public records.” Spectraserv v. Middlesex County Utilities Authority, 416
N.J. Super. 565, 578 (App. Div. 2010), Burnett v. Gloucester County, 415
N.J. Super. 506, 515 (App. Div. 2010). Nor does OPRA require an agency to
analyze, collate and compile records in order to respond to a request. MAG
Entertainment v. Division of Alcoholic Beverage Control, 375 N.J. Super.
534, 549 (App. Div. 2005). “In short, OPRA does not countenance open-ended
searches of an agency’s files.” Id. at 549. You may clarify your request
or submit narrower search terms by including a time frame, or specifying
precisely what records you are seeking.

9. All reports, emails, and memorandum that explain the reason, purpose,
policy basis, or goal for which the Department accommodated ICE or CBP
requests for assistance outlined in request number 8. Date Range: November
29, 2017 to the present

The University has reviewed PART 9 of your request and determined that no
responsive records exist. OPRA provides access to existing, identifiable
records. N.J.S.A. 47:1A-1.1. Because records responsive to PART 9 of your
request do not exist, this portion of your request is denied.

Please note that the Open Public Records Act requires requesters to submit
specific criteria when seeking communication records. As written, this
portion of your request is over broad. In 2010, the GRC defined a proper
request for emails: “[I]n order to specifically identify an email, OPRA
requests must contain (1) the content and/or subject of the email, (2) the
specific date or range of dates during which the email was transmitted or
the emails were transmitted, and (3) a valid email request must identify
the sender and/or recipient thereof.” Elcavage v. West Milford Twp., GRC
Complaint No. 2009-07 (April 8, 2010). The GRC revisited the description
of a proper request in 2013, stating “An OPRA request is thus only valid
if the subject of the request can be readily identifiable based on the
request. In the case of emails or documents stored on a computer, a simple
keyword search may be sufficient to identify any records that may be
responsive to a request. In both cases, emails and correspondence, a
completed “subject” or “regarding” line may be sufficient to determine
whether the record relates to the described subject. To reiterate, a valid
OPRA request requires a search, not research. What a custodian is not
required to do, however, is to actually read through numerous emails and
correspondence to determine if same is responsive: in other words, conduct
research.” Verry v. Borough of South Bound Brook (Somerset), GRC Complaint
Nos. 2013-43 and 2013-53 (November 2013).  

Furthermore, OPRA does not require a custodian to conduct research or an
agency to expend “indisputably limited agency resources to sift through
the [agency's] vast files and identify, analyze and select potentially
relevant and responsive public records.” Spectraserv v. Middlesex County
Utilities Authority, 416 N.J. Super.  565, 578 (App. Div. 2010), Burnett
v. Gloucester County, 415 N.J. Super. 506, 515 (App. Div. 2010). OPRA “is
not intended as a research tool litigants may use to force government
officials to identify and siphon useful information.” MAG Entertainment v.
Division of Alcoholic Beverage Control, 375 N.J. Super. 534, 547 (App.
Div. 2005). “In short, OPRA does not countenance open-ended searches of an
agency’s files.” Id. at 549. You may clarify your request or submit
narrower search terms by including a time frame, or specifying precisely
what records you are seeking.

Please provide the above requested clarification for this portion of your
request.

10. All records (including electronically stored information in a
database, written reports, statistics, memoranda or other data), arrest
reports, CAD reports or similar records) that list
a. the number of individuals arrested during joint operations with DHS,
ICE, or CBP;
b. the criminal charges brought against each individual that was arrested
during joint operations with DHS, ICE, or CBP; or
c. the number of individuals charged with civil immigration violations
during joint operations with DHS, ICE, or CBP.
Date Range: November 29, 2017 to the present

The University has reviewed PART 10 of your request. The responsive
document(s), which is entitled V.8.pdf, is available to you through the
Rutgers University Open Records Center. Please log in to the Records
Center and "My Request Center" to retrieve the appropriate responsive
document(s). The document(s) is also attached to this email for your
convenience. 

The University is also seeking clarification for this portion of your
request. As written, this portion of your request is over broad. OPRA
provides access to “identifiable” government records that are not
otherwise exempt. New Jersey courts have held that a request under OPRA
must specifically describe the document sought. “A proper request for
access to government records must identify with reasonable clarity those
documents that are desired, and a party cannot satisfy this requirement by
simply requesting all of an agency’s documents.” Bent v. Stafford Police
Department, 381 N.J. Super. 30, 38 (App. Div. 2005). A blanket request for
a class of various documents is not a request for specific identifiable
documents, and a custodian is not required to conduct research to locate
records potentially responsive to a request. See Elcavage v. West Milford
Twp., GRC Complaint No. 2006-64 (May 28, 2008). Moreover, OPRA does not
require a custodian to conduct research or an agency to expend
“indisputably limited agency resources to sift through the [agency's] vast
files and identify, analyze and select potentially relevant and responsive
public records.” Spectraserv v. Middlesex County Utilities Authority, 416
N.J. Super. 565, 578 (App. Div. 2010), Burnett v. Gloucester County, 415
N.J. Super. 506, 515 (App. Div. 2010). Nor does OPRA require an agency to
analyze, collate and compile records in order to respond to a request. MAG
Entertainment v. Division of Alcoholic Beverage Control, 375 N.J. Super.
534, 549 (App. Div. 2005). “In short, OPRA does not countenance open-ended
searches of an agency’s files.” Id. at 549. 

Please provide the above requested clarification. You may clarify your
request or submit narrower search terms by including a time frame, or
specifying precisely what records you are seeking.

11. All records (including electronically stored information in a
database, written reports, statistics, memoranda or other data), that list
the number of people that the Department released to the public and who
were immediately arrested by ICE or CBP on Department property. Date
Range: November 29, 2017 to the present

The University has reviewed PART 11 of your request and determined that no
responsive records exist. OPRA provides access to existing, identifiable
records. N.J.S.A. 47:1A-1.1. Because records responsive to PART 11 of your
request do not exist, this portion of your request is denied.

Please note that, as written, PART 11 of your request is overly broad.
OPRA provides access to “identifiable” government records that are not
otherwise exempt. New Jersey courts have held that a request under OPRA
must specifically describe the document sought. “A proper request for
access to government records must identify with reasonable clarity those
documents that are desired, and a party cannot satisfy this requirement by
simply requesting all of an agency’s documents.” Bent v. Stafford Police
Department, 381 N.J. Super. 30, 38 (App. Div. 2005). A blanket request for
a class of various documents is not a request for specific identifiable
documents, and a custodian is not required to conduct research to locate
records potentially responsive to a request. See Elcavage v. West Milford
Twp., GRC Complaint No. 2006-64 (May 28, 2008). Moreover, OPRA does not
require a custodian to conduct research or an agency to expend
“indisputably limited agency resources to sift through the [agency's] vast
files and identify, analyze and select potentially relevant and responsive
public records.” Spectraserv v. Middlesex County Utilities Authority, 416
N.J. Super. 565, 578 (App. Div. 2010), Burnett v. Gloucester County, 415
N.J. Super. 506, 515 (App. Div. 2010). Nor does OPRA require an agency to
analyze, collate and compile records in order to respond to a request. MAG
Entertainment v. Division of Alcoholic Beverage Control, 375 N.J. Super.
534, 549 (App. Div. 2005). “In short, OPRA does not countenance open-ended
searches of an agency’s files.” Id. at 549. 

Please provide the above requested clarification. You may clarify your
request or submit narrower search terms by including a time frame, or
specifying precisely what records you are seeking.

VI. Detainee Movement Logs

12. All records that include the “movement history” logs of individuals in
Department custody for whom an I-247 detainer, notification request, or
transfer request was lodged. This may include records logging how
individuals are moved through different Department divisions, wings,
areas, programs, or Department facilities (ie. Booking, housing). Date
Range: November 29, 2017 to the present

The University has reviewed PART 12 of your request and determined that no
responsive records exist. OPRA provides access to existing, identifiable
records. N.J.S.A. 47:1A-1.1. Because records responsive to PART 12 of your
request do not exist, this portion of your request is denied.

VII. Communications Records

13. All communications (herein, “communications” refers to emails, texts,
faxes, letters, social media posts) about implementing the Directive in
the Department, how the Department interacts with or assists ICE and CBP,
or making inmate release information available to the public between
Department Command Staff or Supervising Staff and the following types of
Department employees:
a. Those who contribute to the development of department policy;
b. Those who directly interact with the public;
c. Those who directly interact with people in Department custody; and
d. Those who directly interact with federal immigration agencies
Date Range: November, 29, 2018 to the present

The University has reviewed PART 13 of your request. The responsive
document(s), which is entitled VII.13.pdf, is available to you through the
Rutgers University Open Records Center. Please log in to the Records
Center and "My Request Center" to retrieve the appropriate responsive
document(s). The document(s) is also attached to this email for your
convenience.

However, please note that the Open Public Records Act requires requesters
to submit specific criteria when seeking communication records. As
written, this portion of your request is over broad. In 2010, the GRC
defined a proper request for emails: “[I]n order to specifically identify
an email, OPRA requests must contain (1) the content and/or subject of the
email, (2) the specific date or range of dates during which the email was
transmitted or the emails were transmitted, and (3) a valid email request
must identify the sender and/or recipient thereof.” Elcavage v. West
Milford Twp., GRC Complaint No. 2009-07 (April 8, 2010). The GRC revisited
the description of a proper request in 2013, stating “An OPRA request is
thus only valid if the subject of the request can be readily identifiable
based on the request. In the case of emails or documents stored on a
computer, a simple keyword search may be sufficient to identify any
records that may be responsive to a request. In both cases, emails and
correspondence, a completed “subject” or “regarding” line may be
sufficient to determine whether the record relates to the described
subject. To reiterate, a valid OPRA request requires a search, not
research. What a custodian is not required to do, however, is to actually
read through numerous emails and correspondence to determine if same is
responsive: in other words, conduct research.” Verry v. Borough of South
Bound Brook (Somerset), GRC Complaint Nos. 2013-43 and 2013-53 (November
2013).  

Furthermore, OPRA does not require a custodian to conduct research or an
agency to expend “indisputably limited agency resources to sift through
the [agency's] vast files and identify, analyze and select potentially
relevant and responsive public records.” Spectraserv v. Middlesex County
Utilities Authority, 416 N.J. Super.  565, 578 (App. Div. 2010), Burnett
v. Gloucester County, 415 N.J. Super. 506, 515 (App. Div. 2010). OPRA “is
not intended as a research tool litigants may use to force government
officials to identify and siphon useful information.” MAG Entertainment v.
Division of Alcoholic Beverage Control, 375 N.J. Super. 534, 547 (App.
Div. 2005). “In short, OPRA does not countenance open-ended searches of an
agency’s files.” Id. at 549. 

Please provide the above requested clarification. You may clarify your
request or submit narrower search terms by including a time frame, or
specifying precisely what records you are seeking.

14. All communications about implementing the Directive in the Department,
how the Department interacts with ICE and CBP, or making inmate release
information available to the public between Department Personnel and
individuals in the following external agencies:
a. ICE;
b. CBP;
c. The U.S. Department of Justice;
d. The White House;
e. The New Jersey Department of Justice;
f. The Sheriffs Association of New Jersey; or
g. The New Jersey State Association of Chiefs of Police
Date Range: November, 29, 2018 to the present We request that all
responsive records be sent as electronic files via email to
[email address]. If the Department cannot provide
responsive documents to certain requests above, please indicate the number
of the request and the reason for the denial.

The University has reviewed PART 14 of your request and determined that no
responsive records exist. OPRA provides access to existing, identifiable
records. N.J.S.A. 47:1A-1.1. Because records responsive to PART 14 of your
request do not exist, this portion of your request is denied.

Please note that the Open Public Records Act requires requesters to submit
specific criteria when seeking communication records. As written, this
portion of your request is over broad. In 2010, the GRC defined a proper
request for emails: “[I]n order to specifically identify an email, OPRA
requests must contain (1) the content and/or subject of the email, (2) the
specific date or range of dates during which the email was transmitted or
the emails were transmitted, and (3) a valid email request must identify
the sender and/or recipient thereof.” Elcavage v. West Milford Twp., GRC
Complaint No. 2009-07 (April 8, 2010). The GRC revisited the description
of a proper request in 2013, stating “An OPRA request is thus only valid
if the subject of the request can be readily identifiable based on the
request. In the case of emails or documents stored on a computer, a simple
keyword search may be sufficient to identify any records that may be
responsive to a request. In both cases, emails and correspondence, a
completed “subject” or “regarding” line may be sufficient to determine
whether the record relates to the described subject. To reiterate, a valid
OPRA request requires a search, not research. What a custodian is not
required to do, however, is to actually read through numerous emails and
correspondence to determine if same is responsive: in other words, conduct
research.” Verry v. Borough of South Bound Brook (Somerset), GRC Complaint
Nos. 2013-43 and 2013-53 (November 2013).  

Furthermore, OPRA does not require a custodian to conduct research or an
agency to expend “indisputably limited agency resources to sift through
the [agency's] vast files and identify, analyze and select potentially
relevant and responsive public records.” Spectraserv v. Middlesex County
Utilities Authority, 416 N.J. Super.  565, 578 (App. Div. 2010), Burnett
v. Gloucester County, 415 N.J. Super. 506, 515 (App. Div. 2010). OPRA “is
not intended as a research tool litigants may use to force government
officials to identify and siphon useful information.” MAG Entertainment v.
Division of Alcoholic Beverage Control, 375 N.J. Super. 534, 547 (App.
Div. 2005). “In short, OPRA does not countenance open-ended searches of an
agency’s files.” Id. at 549. 

Please provide the above requested clarification. You may clarify your
request or submit narrower search terms by including a time frame, or
specifying precisely what records you are seeking.

In order for our office to process the request, please provide a response
to the above clarification(s). If we do not receive a clarification within
seven (7) business days, we will consider this request withdrawn and
closed. You may contact the Office of the Custodian of Records through
your account under "My Request Center" at the [6]Rutgers Open Public
Records Center, phone, or via the regular mail to: Rutgers, The State
University of New Jersey, University Custodian of Records, University
Ethics and Compliance, 335 George Street, Suite 3300, New Brunswick, NJ
08901. If you have any questions, please contact my office at
973.972.1981.

 

Sincerely,

 

Jewell Battle

University Custodian of Records

University Ethics and Compliance

Rutgers, The State University of New Jersey

 

 

973.972.1981

 

To monitor the progress or update this request please log into the [7]Open
Public Records Center.

References

Visible links
1. https://u8387795.ct.sendgrid.net/ls/clic...
2. https://u8387795.ct.sendgrid.net/ls/clic...
3. https://u8387795.ct.sendgrid.net/ls/clic...
4. https://u8387795.ct.sendgrid.net/ls/clic...
5. https://u8387795.ct.sendgrid.net/ls/clic...
6. https://u8387795.ct.sendgrid.net/ls/clic...
7. https://u8387795.ct.sendgrid.net/ls/clic...

Rutgers Open Public Records Center,

Attachments:
[1]I.1.pdf
[2]I.2.pdf
[3]III.4.pdf
[4]V.8.pdf
[5]VII.13.pdf

--- Please respond above this line ---

Reference: Rutgers Open Public Records Request, #R006217-100820

 

Dear Cuison-Villazor,

Please accept this letter as the University Custodian of Records response
to your request for records pursuant to the Open Public Records Act
(“OPRA”). On October 08, 2020, this office received your request for the
following:

“S.I. Newhouse Center for Law and Justice Rutgers, The State University of
New Jersey
123 Washington Street
Newark, New Jersey 07102-3094
Phone: (973) 353-3159

October 8, 2020

Municipal Clerk

RE: Open Public Records Act and Common Law Request Regarding
Implementation of the New Jersey Attorney General Immigrant Trust
Directive 2018-6

Dear Records Custodian,

Pursuant to the New Jersey Open Public Records Act (OPRA –
N.J.S.A.47:1A-1, et seq.) and common law right of access, we write seeking
to obtain records related to how your Department (herein referred to as
“the Department”) has implemented the New Jersey Attorney General Gurbir
Grewal’s Immigrant Trust Directive 2018-6 and how this agency works with
federal immigration enforcement officials. We ask that you please direct
this request to all appropriate offices, departments, and records
custodians within the Department that may supply any of the records sought
through this request.

A. Our Common Law Interest
The Immigrant Trust Directive intends to curtail state and local
participation in federal immigration enforcement, ensure effective
policing, and foster relationships between law enforcement agencies and
immigrant communities. As part of a scholarly research project, we, the
requestors, seek these documents in order to assess the degree to which
the Department is committed to implementing the directive and is in
compliance with public records request laws.

We the requesters are Dean Rose Cuison-Villazor and Dr. Peter Mancina.
Dean Cuison-Villazor is Vice Dean, Professor of Law, and Chancellor’s
Social Justice Scholar of the Rutgers Law School and Director of the
Center for Immigration Law, Policy, and Justice. She has written and
published extensively about non-cooperation policies or “sanctuary”
policies, which have been published in the Columbia Law Review, Minnesota
Law Review, Washington University Law Review, and UC Davis Law Review.
Dean Cuison-Villazor is also Director of the Center for Immigration Law,
Policy and Justice (CILPJ), which engages in interdisciplinary
scholarship, research, and advocacy focused on exploring more inclusive
immigration and citizenship laws.

Dr. Peter Mancina is Visiting Scholar in the Center for Immigration Law,
Policy, and Justice at Rutgers Law School, Researcher in the Department of
Social Anthropology at Stockholm University, and Research Associate in the
University of Oxford Centre for Criminology and Border Criminologies
Program. Dr. Mancina has examined the historical development of sanctuary
policy in the United States and police compliance with “sanctuary” laws at
the local, county, and state levels. He is author of the 2019 policy
implementation report Turning the Golden State into a Sanctuary State: A
Report on the Impact and Implementation of the California Values Act
(SB54).

We greatly appreciate your assistance in providing us the following
documents.

B. Requested Records (See Footnote 1 below)

I. Policies, Regulations, Memorandum, Guidance, and Forms

1. All records of policies, regulations, memorandum, guidance, or forms
that the Department has adopted related to the implementation of the New
Jersey Attorney General Gurbir Grewal’s Immigrant Trust Directive 2018-6
version 1 (issued on November 29, 2018) (Footnote 2) and version 2 (issued
on March 15, 2019)(Footnote 3), herein both versions referred to
collectively as the “Directive.”
Date Range: November 29, 2018 to the present.

2. All records of policies, procedures, protocols, directives, general
orders that the Department has adopted regarding providing any form of
assistance to, undertaking joint operations with, or forming joint task
forces with the Department of Homeland Security (“DHS”), U.S. Customs and
Border Protection (“CBP”), or Immigration and Customs Enforcement (“ICE”
(including ICE Homeland Security Investigations (“HSI”)). Examples of such
policies may pertain to how the Department

a. books or releases federal criminal or immigration detainees; transfers
individuals into federal custody;
b. provides DHS, CBP, ICE, and HSI access to department facilities,
Department computers, information technology networks, department
databases;
c. provides immigration agencies use of Department offices, desk space, or
space where they can carry out their federal work;
d. responds to federal requests for a notification of an inmate’s release
date, time, and place, as well as any personally identifying information
for the individual;
e. detains individuals for the purpose of enforcing immigration law;
f. acts upon DHS, CBP, ICE, and HSI administrative warrants;
g. responds to federal immigration agency requests to interview people in
Department custody and provides access to these individuals to carry out
an interview;
h. provides backup assistance including but not limited to traffic control
and perimeter security in the event of an immigration enforcement action
or emergency situation;
i. provides booking rosters, intake rosters, or lists of detainees in
Department detention facilities;
j. asks members of the public, witnesses, suspects, or those who have been
arrested about immigration status information;
k. patrols U.S. national borders;
l. processes requests for T- and U-visa certifications; or
m. submits Immigrant Alien Queries (IAQs) to the ICE Law Enforcement
Support Center (“ICE-LESC”) and acts upon Immigrant Alien Responses (IARs)
from the ICE-LESC as part of the State Criminal Alien Assistance Program
(SCAAP)
Date Range: November 29, 2018 to the present.

II. Agreements, Contracts, or Memorandum of Understanding

3. All agreements, contracts, or Memorandum of Understanding, including
any addendum or renewal document between DHS, ICE, ICE-HSI, or CBP and the
Department. Date Range: November 29, 2018 to the present

III. Training Records

4. All records that the Department has used to train its members about the
Directive, including training materials, manuals, memorandums, and power
point presentations. Date range: November 29, 2018 to the present

5. Any training logs records that the Department has created to track the
completion of training of its employees in the Directive or
Directive-related Department policies. Date range: November 29, 2018 to
the present

IV. Incident Reports

6. All incident reports related to the Department providing any form of
assistance to CBP or ICE, (including HSI) as described in request number
2, participation in joint task forces, a 287g program, or any other form
of joint operation with CBP, or ICE (including HSI). Date Range: November
29, 2018 to the present

7. All incident reports related to incidents when CBP or ICE, (including
HSI) arrested an individual on Department property immediately after they
were released from Department custody to the public. Date Range: November
29, 2018 to the present

V. Quantitative Data Reports Regarding Department Assistance to ICE and
CBP

8. All records (including electronically stored information in a database,
written reports, statistics, memoranda or other data) that provide the
number of instances when the Department accommodated an ICE or CBP request
for the Department to
a. detain an individual
b. transfer an individual to ICE or CBP custody
c. notify ICE or CBP of the person’s release from Department custody
d. provide backup assistance for an immigration enforcement action
e. provide backup assistance for an emergency situation
f. allow ICE or CBP to interview an individual in Department custody
g. participate in a joint operation with ICE or CBP; or
h. any other form of assistance to ICE or CBP
Date Range: November 29, 2017 to the present

9. All reports, emails, and memorandum that explain the reason, purpose,
policy basis, or goal for which the Department accommodated ICE or CBP
requests for assistance outlined in request number 8. Date Range: November
29, 2017 to the present

10. All records (including electronically stored information in a
database, written reports, statistics, memoranda or other data), arrest
reports, CAD reports or similar records) that list
a. the number of individuals arrested during joint operations with DHS,
ICE, or CBP;
b. the criminal charges brought against each individual that was arrested
during joint operations with DHS, ICE, or CBP; or
c. the number of individuals charged with civil immigration violations
during joint operations with DHS, ICE, or CBP.
Date Range: November 29, 2017 to the present

11. All records (including electronically stored information in a
database, written reports, statistics, memoranda or other data), that list
the number of people that the Department released to the public and who
were immediately arrested by ICE or CBP on Department property. Date
Range: November 29, 2017 to the present

VI. Detainee Movement Logs

12. All records that include the “movement history” logs of individuals in
Department custody for whom an I-247 detainer, notification request, or
transfer request was lodged. This may include records logging how
individuals are moved through different Department divisions, wings,
areas, programs, or Department facilities (ie. Booking, housing). Date
Range: November 29, 2017 to the present

VII. Communications Records

13. All communications (herein, “communications” refers to emails, texts,
faxes, letters, social media posts) about implementing the Directive in
the Department, how the Department interacts with or assists ICE and CBP,
or making inmate release information available to the public between
Department Command Staff or Supervising Staff and the following types of
Department employees:
a. Those who contribute to the development of department policy;
b. Those who directly interact with the public;
c. Those who directly interact with people in Department custody; and
d. Those who directly interact with federal immigration agencies
Date Range: November, 29, 2018 to the present

14. All communications about implementing the Directive in the Department,
how the Department interacts with ICE and CBP, or making inmate release
information available to the public between Department Personnel and
individuals in the following external agencies:
a. ICE;
b. CBP;
c. The U.S. Department of Justice;
d. The White House;
e. The New Jersey Department of Justice;
f. The Sheriffs Association of New Jersey; or
g. The New Jersey State Association of Chiefs of Police
Date Range: November, 29, 2018 to the present We request that all
responsive records be sent as electronic files via email to
[email address]. If the Department cannot provide
responsive documents to certain requests above, please indicate the number
of the request and the reason for the denial.

As N.J.S.A. 47:1A-5(i) provides that public agencies respond to OPRA
records requests within 7 days, I look forward to hearing from you within
this time.
Thank you in advance and we look forward to your response.
Sincerely,

Dean Rose Cuison-Villazor
Vice Dean, Professor of Law and Chancellor’s Social Justice Scholar
Director, Center for Immigration Law, Policy and Justice
Rutgers Law School
123 Washington Street
Newark, NJ 07102
Phone number: (973) 353-3159
Email: [email address]

Dr. Peter Mancina
Visiting Scholar
Center for Immigration Law, Policy and Justice Rutgers Law School
123 Washington Street
Newark, NJ 07102
Phone number: (415)-226-8714
Email: [email address]

Footnotes
FN 1: The term “records” as used herein means records as broadly defined
by N.J.S.A.47:1A-1.1 and includes, “any paper, written or printed book,
document, drawing, map, plan, photograph, microfilm, data processed or
image processed document, information stored or maintained electronically
or by sound-recording or in a similar device, or any copy thereof, that
has been made, maintained or kept on file in the course of his or its
official business by any officer, commission, agency or authority of the
State or of any political subdivision thereof, including subordinate
boards thereof, or that has been received in the course of his or its
official business by any such officer, commission, agency, or authority of
the State or of any political subdivision thereof, including subordinate
boards thereof. The terms shall not include inter-agency or intra-agency
advisory, consultative, or deliberative material.” “Records” that we are
interested in obtaining are those that not only are stored in government
office locations, on government servers, or on government computers and
devices but also in private locations and storage facilities, on private
servers, on private computers and devices, in private email accounts, and
in public and private social media accounts.

FN2: Version 1:
https://nam02.safelinks.protection.outlo...

FN3: Version 2:
https://nam02.safelinks.protection.outlo...

-------------------------------------------------------------------

Please use deliver records electronically via email to the below UNIQUE
address for all replies to this request:
[OPRA #17269 email]

Is [Rutgers University request email] the wrong address for OPRA requests to Rutgers
University? If so, please contact us using this form:
https://nam02.safelinks.protection.outlo...

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
https://nam02.safelinks.protection.outlo...

View this OPRA request & responses online:
https://nam02.safelinks.protection.outlo...

Please note that in some cases publication of requests and responses will
be delayed.

If you find this service useful as an OPRA custodian, please ask your web
manager to link to us from your organisation's website.

-------------------------------------------------------------------”

1. All records of policies, regulations, memorandum, guidance, or forms
that the Department has adopted related to the implementation of the New
Jersey Attorney General Gurbir Grewal’s Immigrant Trust Directive 2018-6
version 1 (issued on November 29, 2018) (Footnote 2) and version 2 (issued
on March 15, 2019)(Footnote 3), herein both versions referred to
collectively as the “Directive.”
Date Range: November 29, 2018 to the present.

The University has reviewed PART 1 of your request. The responsive
document(s), which is entitled I.1.pdf, is available to you through the
Rutgers University Open Records Center. Please log in to the Records
Center and "My Request Center" to retrieve the appropriate responsive
document(s). The document(s) is also attached to this email for your
convenience. 

Please note, the responsive record has been redacted pursuant to OPRA’s
security exemption. OPRA exempts “[e]mergency or security information or
procedures for any buildings or facility which, if disclosed, would
jeopardize security of the building or facility or persons therein.”
N.J.S.A. 47:1A-1.1. Furthermore, OPRA also exempts “[s]ecurity measures
and surveillance techniques which, if disclosed, would create a risk to
the safety of persons, property, electronic data or software.” N.J.S.A.
47:1A-1.1.

The University is also seeking clarification for this portion of your
request. As written, this portion of your request is over broad. OPRA
provides access to “identifiable” government records that are not
otherwise exempt. New Jersey courts have held that a request under OPRA
must specifically describe the document sought. “A proper request for
access to government records must identify with reasonable clarity those
documents that are desired, and a party cannot satisfy this requirement by
simply requesting all of an agency’s documents.” Bent v. Stafford Police
Department, 381 N.J. Super. 30, 38 (App. Div. 2005). A blanket request for
a class of various documents is not a request for specific identifiable
documents, and a custodian is not required to conduct research to locate
records potentially responsive to a request. See Elcavage v. West Milford
Twp., GRC Complaint No. 2006-64 (May 28, 2008). Moreover, OPRA does not
require a custodian to conduct research or an agency to expend
“indisputably limited agency resources to sift through the [agency's] vast
files and identify, analyze and select potentially relevant and responsive
public records.” Spectraserv v. Middlesex County Utilities Authority, 416
N.J. Super. 565, 578 (App. Div. 2010), Burnett v. Gloucester County, 415
N.J. Super. 506, 515 (App. Div. 2010). Nor does OPRA require an agency to
analyze, collate and compile records in order to respond to a request. MAG
Entertainment v. Division of Alcoholic Beverage Control, 375 N.J. Super.
534, 549 (App. Div. 2005). “In short, OPRA does not countenance open-ended
searches of an agency’s files.” Id. at 549. 

Please provide the above requested clarification. You may clarify your
request or submit narrower search terms by including a time frame, or
specifying precisely what records you are seeking.

2. All records of policies, procedures, protocols, directives, general
orders that the Department has adopted regarding providing any form of
assistance to, undertaking joint operations with, or forming joint task
forces with the Department of Homeland Security (“DHS”), U.S. Customs and
Border Protection (“CBP”), or Immigration and Customs Enforcement (“ICE”
(including ICE Homeland Security Investigations (“HSI”)). Examples of such
policies may pertain to how the Department

a. books or releases federal criminal or immigration detainees; transfers
individuals into federal custody;
b. provides DHS, CBP, ICE, and HSI access to department facilities,
Department computers, information technology networks, department
databases;
c. provides immigration agencies use of Department offices, desk space, or
space where they can carry out their federal work;
d. responds to federal requests for a notification of an inmate’s release
date, time, and place, as well as any personally identifying information
for the individual;
e. detains individuals for the purpose of enforcing immigration law;
f. acts upon DHS, CBP, ICE, and HSI administrative warrants;
g. responds to federal immigration agency requests to interview people in
Department custody and provides access to these individuals to carry out
an interview;
h. provides backup assistance including but not limited to traffic control
and perimeter security in the event of an immigration enforcement action
or emergency situation;
i. provides booking rosters, intake rosters, or lists of detainees in
Department detention facilities;
j. asks members of the public, witnesses, suspects, or those who have been
arrested about immigration status information;
k. patrols U.S. national borders;
l. processes requests for T- and U-visa certifications; or
m. submits Immigrant Alien Queries (IAQs) to the ICE Law Enforcement
Support Center (“ICE-LESC”) and acts upon Immigrant Alien Responses (IARs)
from the ICE-LESC as part of the State Criminal Alien Assistance Program
(SCAAP)
Date Range: November 29, 2018 to the present.

The University has reviewed PART 2 of your request. The responsive
document(s), which is entitled I.2.pdf, is available to you through the
Rutgers University Open Records Center. Please log in to the Records
Center and "My Request Center" to retrieve the appropriate responsive
document(s). The document(s) is also attached to this email for your
convenience. 

Please note, the responsive record has been redacted pursuant to OPRA’s
security exemption. OPRA exempts “[e]mergency or security information or
procedures for any buildings or facility which, if disclosed, would
jeopardize security of the building or facility or persons therein.”
N.J.S.A. 47:1A-1.1. Furthermore, OPRA also exempts “[s]ecurity measures
and surveillance techniques which, if disclosed, would create a risk to
the safety of persons, property, electronic data or software.” N.J.S.A.
47:1A-1.1.

II. Agreements, Contracts, or Memorandum of Understanding

3. All agreements, contracts, or Memorandum of Understanding, including
any addendum or renewal document between DHS, ICE, ICE-HSI, or CBP and the
Department. Date Range: November 29, 2018 to the present

The University has reviewed PART 3 of your request and determined that no
responsive records exist. OPRA provides access to existing, identifiable
records. N.J.S.A. 47:1A-1.1. Because records responsive to PART 3 of your
request do not exist, this portion of your request is denied.

III. Training Records

4. All records that the Department has used to train its members about the
Directive, including training materials, manuals, memorandums, and power
point presentations. Date range: November 29, 2018 to the present

The University has reviewed PART 4 of your request. The responsive
document(s), including training records and power point presentations, are
located in the record entitled III.4.pdf, is available to you through the
Rutgers University Open Records Center. Please log in to the Records
Center and "My Request Center" to retrieve the appropriate responsive
document(s). The document(s) is also attached to this email for your
convenience. 

Please note, the responsive record has been redacted pursuant to OPRA’s
security exemption. OPRA exempts “[e]mergency or security information or
procedures for any buildings or facility which, if disclosed, would
jeopardize security of the building or facility or persons therein.”
N.J.S.A. 47:1A-1.1. Furthermore, OPRA also exempts “[s]ecurity measures
and surveillance techniques which, if disclosed, would create a risk to
the safety of persons, property, electronic data or software.” N.J.S.A.
47:1A-1.1.

The University has reviewed the portion of your request seeking manuals
and determined that no responsive records exist. OPRA provides access to
existing, identifiable records. N.J.S.A. 47:1A-1.1. Because records
responsive do not do not exist, this portion of your request is denied.

5. Any training logs records that the Department has created to track the
completion of training of its employees in the Directive or
Directive-related Department policies. Date range: November 29, 2018 to
the present

The University has reviewed PART 5 of your request. The responsive
document(s) is available to you through the Rutgers University Open
Records Center. Please log in to the Records Center and "My Request
Center" to retrieve the appropriate responsive document(s). The
document(s) is also attached to this email for your convenience. 

IV. Incident Reports

6. All incident reports related to the Department providing any form of
assistance to CBP or ICE, (including HSI) as described in request number
2, participation in joint task forces, a 287g program, or any other form
of joint operation with CBP, or ICE (including HSI). Date Range: November
29, 2018 to the present

We have reviewed PART 6 of your request and determined that the portion of
your request stating that you seek documents “providing any form of
assistance” is unclear and over broad. OPRA provides access to
“identifiable” government records that are not otherwise exempt. New
Jersey courts have held that a request under OPRA must specifically
describe the document sought. “A proper request for access to government
records must identify with reasonable clarity those documents that are
desired, and a party cannot satisfy this requirement by simply requesting
all of an agency’s documents.” Bent v. Stafford Police Department, 381
N.J. Super. 30, 38 (App. Div. 2005). A blanket request for a class of
various documents is not a request for specific identifiable documents,
and a custodian is not required to conduct research to locate records
potentially responsive to a request. See Elcavage v. West Milford Twp.,
GRC Complaint No. 2006-64 (May 28, 2008). Moreover, OPRA does not require
a custodian to conduct research or an agency to expend “indisputably
limited agency resources to sift through the [agency's] vast files and
identify, analyze and select potentially relevant and responsive public
records.” Spectraserv v. Middlesex County Utilities Authority, 416 N.J.
Super. 565, 578 (App. Div. 2010), Burnett v. Gloucester County, 415 N.J.
Super. 506, 515 (App. Div. 2010). Nor does OPRA require an agency to
analyze, collate and compile records in order to respond to a request. MAG
Entertainment v. Division of Alcoholic Beverage Control, 375 N.J. Super.
534, 549 (App. Div. 2005). “In short, OPRA does not countenance open-ended
searches of an agency’s files.” Id. at 549. 

Please clarify the portion of your request regarding the meaning of the
term “assistance.”

Additionally, the University would like to note a friendly reminder some
records, such as incident reports, may be considered criminal
investigatory records are exempt pursuant to OPRA. A “criminal
investigatory record” is defined by the statute as “a record which is not
required by law to be made, maintained or kept on file that is held by a
law enforcement agency which pertains to any criminal investigation or
related civil enforcement proceeding.” N.J.S.A. 47:1A-1.1. The Government
Records Council (“GRC”) has held that this definition “includes commonly
made police records such as incident reports, supplemental reports and
operations reports.” Blue v. Wall Township Police Department, GRC
Complaint 2002-47 (August 22, 2003). The GRC has consistently held that
investigation reports are not required to be made, maintained or kept by
law and are exempt from OPRA. See Briggs v. City of Trenton, GRC Complaint
No. 2007-58 (March 28, 2007); McCrone v. Burlington County Prosecutor’s
Office, GRC Complaint 2005-146 (November 22, 2005).

7. All incident reports related to incidents when CBP or ICE, (including
HSI) arrested an individual on Department property immediately after they
were released from Department custody to the public. Date Range: November
29, 2018 to the present

The University has reviewed PART 7 of your request and determined that no
responsive records exist. OPRA provides access to existing, identifiable
records. N.J.S.A. 47:1A-1.1. Because records responsive to PART 7 of your
request do not exist, this portion of your request is denied.

V. Quantitative Data Reports Regarding Department Assistance to ICE and
CBP

8. All records (including electronically stored information in a database,
written reports, statistics, memoranda or other data) that provide the
number of instances when the Department accommodated an ICE or CBP request
for the Department to
a. detain an individual
b. transfer an individual to ICE or CBP custody
c. notify ICE or CBP of the person’s release from Department custody
d. provide backup assistance for an immigration enforcement action
e. provide backup assistance for an emergency situation
f. allow ICE or CBP to interview an individual in Department custody
g. participate in a joint operation with ICE or CBP; or
h. any other form of assistance to ICE or CBP
Date Range: November 29, 2017 to the present

The University has reviewed PART 8 of your request. The responsive
document(s), which is entitled V.8.pdf, is available to you through the
Rutgers University Open Records Center. Please log in to the Records
Center and "My Request Center" to retrieve the appropriate responsive
document(s). The document(s) is also attached to this email for your
convenience. 

The University is also seeking clarification for this portion of your
request. As written, this portion of your request is over broad. OPRA
provides access to “identifiable” government records that are not
otherwise exempt. New Jersey courts have held that a request under OPRA
must specifically describe the document sought. “A proper request for
access to government records must identify with reasonable clarity those
documents that are desired, and a party cannot satisfy this requirement by
simply requesting all of an agency’s documents.” Bent v. Stafford Police
Department, 381 N.J. Super. 30, 38 (App. Div. 2005). A blanket request for
a class of various documents is not a request for specific identifiable
documents, and a custodian is not required to conduct research to locate
records potentially responsive to a request. See Elcavage v. West Milford
Twp., GRC Complaint No. 2006-64 (May 28, 2008). Moreover, OPRA does not
require a custodian to conduct research or an agency to expend
“indisputably limited agency resources to sift through the [agency's] vast
files and identify, analyze and select potentially relevant and responsive
public records.” Spectraserv v. Middlesex County Utilities Authority, 416
N.J. Super. 565, 578 (App. Div. 2010), Burnett v. Gloucester County, 415
N.J. Super. 506, 515 (App. Div. 2010). Nor does OPRA require an agency to
analyze, collate and compile records in order to respond to a request. MAG
Entertainment v. Division of Alcoholic Beverage Control, 375 N.J. Super.
534, 549 (App. Div. 2005). “In short, OPRA does not countenance open-ended
searches of an agency’s files.” Id. at 549. You may clarify your request
or submit narrower search terms by including a time frame, or specifying
precisely what records you are seeking.

9. All reports, emails, and memorandum that explain the reason, purpose,
policy basis, or goal for which the Department accommodated ICE or CBP
requests for assistance outlined in request number 8. Date Range: November
29, 2017 to the present

The University has reviewed PART 9 of your request and determined that no
responsive records exist. OPRA provides access to existing, identifiable
records. N.J.S.A. 47:1A-1.1. Because records responsive to PART 9 of your
request do not exist, this portion of your request is denied.

Please note that the Open Public Records Act requires requesters to submit
specific criteria when seeking communication records. As written, this
portion of your request is over broad. In 2010, the GRC defined a proper
request for emails: “[I]n order to specifically identify an email, OPRA
requests must contain (1) the content and/or subject of the email, (2) the
specific date or range of dates during which the email was transmitted or
the emails were transmitted, and (3) a valid email request must identify
the sender and/or recipient thereof.” Elcavage v. West Milford Twp., GRC
Complaint No. 2009-07 (April 8, 2010). The GRC revisited the description
of a proper request in 2013, stating “An OPRA request is thus only valid
if the subject of the request can be readily identifiable based on the
request. In the case of emails or documents stored on a computer, a simple
keyword search may be sufficient to identify any records that may be
responsive to a request. In both cases, emails and correspondence, a
completed “subject” or “regarding” line may be sufficient to determine
whether the record relates to the described subject. To reiterate, a valid
OPRA request requires a search, not research. What a custodian is not
required to do, however, is to actually read through numerous emails and
correspondence to determine if same is responsive: in other words, conduct
research.” Verry v. Borough of South Bound Brook (Somerset), GRC Complaint
Nos. 2013-43 and 2013-53 (November 2013).  

Furthermore, OPRA does not require a custodian to conduct research or an
agency to expend “indisputably limited agency resources to sift through
the [agency's] vast files and identify, analyze and select potentially
relevant and responsive public records.” Spectraserv v. Middlesex County
Utilities Authority, 416 N.J. Super.  565, 578 (App. Div. 2010), Burnett
v. Gloucester County, 415 N.J. Super. 506, 515 (App. Div. 2010). OPRA “is
not intended as a research tool litigants may use to force government
officials to identify and siphon useful information.” MAG Entertainment v.
Division of Alcoholic Beverage Control, 375 N.J. Super. 534, 547 (App.
Div. 2005). “In short, OPRA does not countenance open-ended searches of an
agency’s files.” Id. at 549. You may clarify your request or submit
narrower search terms by including a time frame, or specifying precisely
what records you are seeking.

Please provide the above requested clarification for this portion of your
request.

10. All records (including electronically stored information in a
database, written reports, statistics, memoranda or other data), arrest
reports, CAD reports or similar records) that list
a. the number of individuals arrested during joint operations with DHS,
ICE, or CBP;
b. the criminal charges brought against each individual that was arrested
during joint operations with DHS, ICE, or CBP; or
c. the number of individuals charged with civil immigration violations
during joint operations with DHS, ICE, or CBP.
Date Range: November 29, 2017 to the present

The University has reviewed PART 10 of your request. The responsive
document(s), which is entitled V.8.pdf, is available to you through the
Rutgers University Open Records Center. Please log in to the Records
Center and "My Request Center" to retrieve the appropriate responsive
document(s). The document(s) is also attached to this email for your
convenience. 

The University is also seeking clarification for this portion of your
request. As written, this portion of your request is over broad. OPRA
provides access to “identifiable” government records that are not
otherwise exempt. New Jersey courts have held that a request under OPRA
must specifically describe the document sought. “A proper request for
access to government records must identify with reasonable clarity those
documents that are desired, and a party cannot satisfy this requirement by
simply requesting all of an agency’s documents.” Bent v. Stafford Police
Department, 381 N.J. Super. 30, 38 (App. Div. 2005). A blanket request for
a class of various documents is not a request for specific identifiable
documents, and a custodian is not required to conduct research to locate
records potentially responsive to a request. See Elcavage v. West Milford
Twp., GRC Complaint No. 2006-64 (May 28, 2008). Moreover, OPRA does not
require a custodian to conduct research or an agency to expend
“indisputably limited agency resources to sift through the [agency's] vast
files and identify, analyze and select potentially relevant and responsive
public records.” Spectraserv v. Middlesex County Utilities Authority, 416
N.J. Super. 565, 578 (App. Div. 2010), Burnett v. Gloucester County, 415
N.J. Super. 506, 515 (App. Div. 2010). Nor does OPRA require an agency to
analyze, collate and compile records in order to respond to a request. MAG
Entertainment v. Division of Alcoholic Beverage Control, 375 N.J. Super.
534, 549 (App. Div. 2005). “In short, OPRA does not countenance open-ended
searches of an agency’s files.” Id. at 549. 

Please provide the above requested clarification. You may clarify your
request or submit narrower search terms by including a time frame, or
specifying precisely what records you are seeking.

11. All records (including electronically stored information in a
database, written reports, statistics, memoranda or other data), that list
the number of people that the Department released to the public and who
were immediately arrested by ICE or CBP on Department property. Date
Range: November 29, 2017 to the present

The University has reviewed PART 11 of your request and determined that no
responsive records exist. OPRA provides access to existing, identifiable
records. N.J.S.A. 47:1A-1.1. Because records responsive to PART 11 of your
request do not exist, this portion of your request is denied.

Please note that, as written, PART 11 of your request is overly broad.
OPRA provides access to “identifiable” government records that are not
otherwise exempt. New Jersey courts have held that a request under OPRA
must specifically describe the document sought. “A proper request for
access to government records must identify with reasonable clarity those
documents that are desired, and a party cannot satisfy this requirement by
simply requesting all of an agency’s documents.” Bent v. Stafford Police
Department, 381 N.J. Super. 30, 38 (App. Div. 2005). A blanket request for
a class of various documents is not a request for specific identifiable
documents, and a custodian is not required to conduct research to locate
records potentially responsive to a request. See Elcavage v. West Milford
Twp., GRC Complaint No. 2006-64 (May 28, 2008). Moreover, OPRA does not
require a custodian to conduct research or an agency to expend
“indisputably limited agency resources to sift through the [agency's] vast
files and identify, analyze and select potentially relevant and responsive
public records.” Spectraserv v. Middlesex County Utilities Authority, 416
N.J. Super. 565, 578 (App. Div. 2010), Burnett v. Gloucester County, 415
N.J. Super. 506, 515 (App. Div. 2010). Nor does OPRA require an agency to
analyze, collate and compile records in order to respond to a request. MAG
Entertainment v. Division of Alcoholic Beverage Control, 375 N.J. Super.
534, 549 (App. Div. 2005). “In short, OPRA does not countenance open-ended
searches of an agency’s files.” Id. at 549. 

Please provide the above requested clarification. You may clarify your
request or submit narrower search terms by including a time frame, or
specifying precisely what records you are seeking.

VI. Detainee Movement Logs

12. All records that include the “movement history” logs of individuals in
Department custody for whom an I-247 detainer, notification request, or
transfer request was lodged. This may include records logging how
individuals are moved through different Department divisions, wings,
areas, programs, or Department facilities (ie. Booking, housing). Date
Range: November 29, 2017 to the present

The University has reviewed PART 12 of your request and determined that no
responsive records exist. OPRA provides access to existing, identifiable
records. N.J.S.A. 47:1A-1.1. Because records responsive to PART 12 of your
request do not exist, this portion of your request is denied.

VII. Communications Records

13. All communications (herein, “communications” refers to emails, texts,
faxes, letters, social media posts) about implementing the Directive in
the Department, how the Department interacts with or assists ICE and CBP,
or making inmate release information available to the public between
Department Command Staff or Supervising Staff and the following types of
Department employees:
a. Those who contribute to the development of department policy;
b. Those who directly interact with the public;
c. Those who directly interact with people in Department custody; and
d. Those who directly interact with federal immigration agencies
Date Range: November, 29, 2018 to the present

The University has reviewed PART 13 of your request. The responsive
document(s), which is entitled VII.13.pdf, is available to you through the
Rutgers University Open Records Center. Please log in to the Records
Center and "My Request Center" to retrieve the appropriate responsive
document(s). The document(s) is also attached to this email for your
convenience.

However, please note that the Open Public Records Act requires requesters
to submit specific criteria when seeking communication records. As
written, this portion of your request is over broad. In 2010, the GRC
defined a proper request for emails: “[I]n order to specifically identify
an email, OPRA requests must contain (1) the content and/or subject of the
email, (2) the specific date or range of dates during which the email was
transmitted or the emails were transmitted, and (3) a valid email request
must identify the sender and/or recipient thereof.” Elcavage v. West
Milford Twp., GRC Complaint No. 2009-07 (April 8, 2010). The GRC revisited
the description of a proper request in 2013, stating “An OPRA request is
thus only valid if the subject of the request can be readily identifiable
based on the request. In the case of emails or documents stored on a
computer, a simple keyword search may be sufficient to identify any
records that may be responsive to a request. In both cases, emails and
correspondence, a completed “subject” or “regarding” line may be
sufficient to determine whether the record relates to the described
subject. To reiterate, a valid OPRA request requires a search, not
research. What a custodian is not required to do, however, is to actually
read through numerous emails and correspondence to determine if same is
responsive: in other words, conduct research.” Verry v. Borough of South
Bound Brook (Somerset), GRC Complaint Nos. 2013-43 and 2013-53 (November
2013).  

Furthermore, OPRA does not require a custodian to conduct research or an
agency to expend “indisputably limited agency resources to sift through
the [agency's] vast files and identify, analyze and select potentially
relevant and responsive public records.” Spectraserv v. Middlesex County
Utilities Authority, 416 N.J. Super.  565, 578 (App. Div. 2010), Burnett
v. Gloucester County, 415 N.J. Super. 506, 515 (App. Div. 2010). OPRA “is
not intended as a research tool litigants may use to force government
officials to identify and siphon useful information.” MAG Entertainment v.
Division of Alcoholic Beverage Control, 375 N.J. Super. 534, 547 (App.
Div. 2005). “In short, OPRA does not countenance open-ended searches of an
agency’s files.” Id. at 549. 

Please provide the above requested clarification. You may clarify your
request or submit narrower search terms by including a time frame, or
specifying precisely what records you are seeking.

14. All communications about implementing the Directive in the Department,
how the Department interacts with ICE and CBP, or making inmate release
information available to the public between Department Personnel and
individuals in the following external agencies:
a. ICE;
b. CBP;
c. The U.S. Department of Justice;
d. The White House;
e. The New Jersey Department of Justice;
f. The Sheriffs Association of New Jersey; or
g. The New Jersey State Association of Chiefs of Police
Date Range: November, 29, 2018 to the present We request that all
responsive records be sent as electronic files via email to
[email address]. If the Department cannot provide
responsive documents to certain requests above, please indicate the number
of the request and the reason for the denial.

The University has reviewed PART 14 of your request and determined that no
responsive records exist. OPRA provides access to existing, identifiable
records. N.J.S.A. 47:1A-1.1. Because records responsive to PART 14 of your
request do not exist, this portion of your request is denied.

Please note that the Open Public Records Act requires requesters to submit
specific criteria when seeking communication records. As written, this
portion of your request is over broad. In 2010, the GRC defined a proper
request for emails: “[I]n order to specifically identify an email, OPRA
requests must contain (1) the content and/or subject of the email, (2) the
specific date or range of dates during which the email was transmitted or
the emails were transmitted, and (3) a valid email request must identify
the sender and/or recipient thereof.” Elcavage v. West Milford Twp., GRC
Complaint No. 2009-07 (April 8, 2010). The GRC revisited the description
of a proper request in 2013, stating “An OPRA request is thus only valid
if the subject of the request can be readily identifiable based on the
request. In the case of emails or documents stored on a computer, a simple
keyword search may be sufficient to identify any records that may be
responsive to a request. In both cases, emails and correspondence, a
completed “subject” or “regarding” line may be sufficient to determine
whether the record relates to the described subject. To reiterate, a valid
OPRA request requires a search, not research. What a custodian is not
required to do, however, is to actually read through numerous emails and
correspondence to determine if same is responsive: in other words, conduct
research.” Verry v. Borough of South Bound Brook (Somerset), GRC Complaint
Nos. 2013-43 and 2013-53 (November 2013).  

Furthermore, OPRA does not require a custodian to conduct research or an
agency to expend “indisputably limited agency resources to sift through
the [agency's] vast files and identify, analyze and select potentially
relevant and responsive public records.” Spectraserv v. Middlesex County
Utilities Authority, 416 N.J. Super.  565, 578 (App. Div. 2010), Burnett
v. Gloucester County, 415 N.J. Super. 506, 515 (App. Div. 2010). OPRA “is
not intended as a research tool litigants may use to force government
officials to identify and siphon useful information.” MAG Entertainment v.
Division of Alcoholic Beverage Control, 375 N.J. Super. 534, 547 (App.
Div. 2005). “In short, OPRA does not countenance open-ended searches of an
agency’s files.” Id. at 549. 

Please provide the above requested clarification. You may clarify your
request or submit narrower search terms by including a time frame, or
specifying precisely what records you are seeking.

In order for our office to process the request, please provide a response
to the above clarification(s). If we do not receive a clarification within
seven (7) business days, we will consider this request withdrawn and
closed. You may contact the Office of the Custodian of Records through
your account under "My Request Center" at the [6]Rutgers Open Public
Records Center, phone, or via the regular mail to: Rutgers, The State
University of New Jersey, University Custodian of Records, University
Ethics and Compliance, 335 George Street, Suite 3300, New Brunswick, NJ
08901. If you have any questions, please contact my office at
973.972.1981.

 

Sincerely,

 

Jewell Battle

University Custodian of Records

University Ethics and Compliance

Rutgers, The State University of New Jersey

 

 

973.972.1981

 

To monitor the progress or update this request please log into the [7]Open
Public Records Center.

References

Visible links
1. https://u8387795.ct.sendgrid.net/ls/clic...
2. https://u8387795.ct.sendgrid.net/ls/clic...
3. https://u8387795.ct.sendgrid.net/ls/clic...
4. https://u8387795.ct.sendgrid.net/ls/clic...
5. https://u8387795.ct.sendgrid.net/ls/clic...
6. https://u8387795.ct.sendgrid.net/ls/clic...
7. https://u8387795.ct.sendgrid.net/ls/clic...

Rutgers Open Public Records Center,

--- Please respond above this line ---

Reference: Rutgers Open Public Records Request # R006217-100820

Dear Cuison-Villazor,

Please accept this letter as the University Custodian of Records response
to your request for records pursuant to the Open Public Records Act
(“OPRA”). On October 08, 2020, this office received your request for the
following:

“S.I. Newhouse Center for Law and Justice Rutgers, The State University of
New Jersey
123 Washington Street
Newark, New Jersey 07102-3094
Phone: (973) 353-3159

October 8, 2020

Municipal Clerk

RE: Open Public Records Act and Common Law Request Regarding
Implementation of the New Jersey Attorney General Immigrant Trust
Directive 2018-6

Dear Records Custodian,

Pursuant to the New Jersey Open Public Records Act (OPRA –
N.J.S.A.47:1A-1, et seq.) and common law right of access, we write seeking
to obtain records related to how your Department (herein referred to as
“the Department”) has implemented the New Jersey Attorney General Gurbir
Grewal’s Immigrant Trust Directive 2018-6 and how this agency works with
federal immigration enforcement officials. We ask that you please direct
this request to all appropriate offices, departments, and records
custodians within the Department that may supply any of the records sought
through this request.

A. Our Common Law Interest
The Immigrant Trust Directive intends to curtail state and local
participation in federal immigration enforcement, ensure effective
policing, and foster relationships between law enforcement agencies and
immigrant communities. As part of a scholarly research project, we, the
requestors, seek these documents in order to assess the degree to which
the Department is committed to implementing the directive and is in
compliance with public records request laws.

We the requesters are Dean Rose Cuison-Villazor and Dr. Peter Mancina.
Dean Cuison-Villazor is Vice Dean, Professor of Law, and Chancellor’s
Social Justice Scholar of the Rutgers Law School and Director of the
Center for Immigration Law, Policy, and Justice. She has written and
published extensively about non-cooperation policies or “sanctuary”
policies, which have been published in the Columbia Law Review, Minnesota
Law Review, Washington University Law Review, and UC Davis Law Review.
Dean Cuison-Villazor is also Director of the Center for Immigration Law,
Policy and Justice (CILPJ), which engages in interdisciplinary
scholarship, research, and advocacy focused on exploring more inclusive
immigration and citizenship laws.

Dr. Peter Mancina is Visiting Scholar in the Center for Immigration Law,
Policy, and Justice at Rutgers Law School, Researcher in the Department of
Social Anthropology at Stockholm University, and Research Associate in the
University of Oxford Centre for Criminology and Border Criminologies
Program. Dr. Mancina has examined the historical development of sanctuary
policy in the United States and police compliance with “sanctuary” laws at
the local, county, and state levels. He is author of the 2019 policy
implementation report Turning the Golden State into a Sanctuary State: A
Report on the Impact and Implementation of the California Values Act
(SB54).

We greatly appreciate your assistance in providing us the following
documents.

B. Requested Records (See Footnote 1 below)

I. Policies, Regulations, Memorandum, Guidance, and Forms

1. All records of policies, regulations, memorandum, guidance, or forms
that the Department has adopted related to the implementation of the New
Jersey Attorney General Gurbir Grewal’s Immigrant Trust Directive 2018-6
version 1 (issued on November 29, 2018) (Footnote 2) and version 2 (issued
on March 15, 2019)(Footnote 3), herein both versions referred to
collectively as the “Directive.”
Date Range: November 29, 2018 to the present.

2. All records of policies, procedures, protocols, directives, general
orders that the Department has adopted regarding providing any form of
assistance to, undertaking joint operations with, or forming joint task
forces with the Department of Homeland Security (“DHS”), U.S. Customs and
Border Protection (“CBP”), or Immigration and Customs Enforcement (“ICE”
(including ICE Homeland Security Investigations (“HSI”)). Examples of such
policies may pertain to how the Department

a. books or releases federal criminal or immigration detainees; transfers
individuals into federal custody;
b. provides DHS, CBP, ICE, and HSI access to department facilities,
Department computers, information technology networks, department
databases;
c. provides immigration agencies use of Department offices, desk space, or
space where they can carry out their federal work;
d. responds to federal requests for a notification of an inmate’s release
date, time, and place, as well as any personally identifying information
for the individual;
e. detains individuals for the purpose of enforcing immigration law;
f. acts upon DHS, CBP, ICE, and HSI administrative warrants;
g. responds to federal immigration agency requests to interview people in
Department custody and provides access to these individuals to carry out
an interview;
h. provides backup assistance including but not limited to traffic control
and perimeter security in the event of an immigration enforcement action
or emergency situation;
i. provides booking rosters, intake rosters, or lists of detainees in
Department detention facilities;
j. asks members of the public, witnesses, suspects, or those who have been
arrested about immigration status information;
k. patrols U.S. national borders;
l. processes requests for T- and U-visa certifications; or
m. submits Immigrant Alien Queries (IAQs) to the ICE Law Enforcement
Support Center (“ICE-LESC”) and acts upon Immigrant Alien Responses (IARs)
from the ICE-LESC as part of the State Criminal Alien Assistance Program
(SCAAP)
Date Range: November 29, 2018 to the present.

II. Agreements, Contracts, or Memorandum of Understanding

3. All agreements, contracts, or Memorandum of Understanding, including
any addendum or renewal document between DHS, ICE, ICE-HSI, or CBP and the
Department. Date Range: November 29, 2018 to the present

III. Training Records

4. All records that the Department has used to train its members about the
Directive, including training materials, manuals, memorandums, and power
point presentations. Date range: November 29, 2018 to the present

5. Any training logs records that the Department has created to track the
completion of training of its employees in the Directive or
Directive-related Department policies. Date range: November 29, 2018 to
the present

IV. Incident Reports

6. All incident reports related to the Department providing any form of
assistance to CBP or ICE, (including HSI) as described in request number
2, participation in joint task forces, a 287g program, or any other form
of joint operation with CBP, or ICE (including HSI). Date Range: November
29, 2018 to the present

7. All incident reports related to incidents when CBP or ICE, (including
HSI) arrested an individual on Department property immediately after they
were released from Department custody to the public. Date Range: November
29, 2018 to the present

V. Quantitative Data Reports Regarding Department Assistance to ICE and
CBP

8. All records (including electronically stored information in a database,
written reports, statistics, memoranda or other data) that provide the
number of instances when the Department accommodated an ICE or CBP request
for the Department to
a. detain an individual
b. transfer an individual to ICE or CBP custody
c. notify ICE or CBP of the person’s release from Department custody
d. provide backup assistance for an immigration enforcement action
e. provide backup assistance for an emergency situation
f. allow ICE or CBP to interview an individual in Department custody
g. participate in a joint operation with ICE or CBP; or
h. any other form of assistance to ICE or CBP
Date Range: November 29, 2017 to the present

9. All reports, emails, and memorandum that explain the reason, purpose,
policy basis, or goal for which the Department accommodated ICE or CBP
requests for assistance outlined in request number 8. Date Range: November
29, 2017 to the present

10. All records (including electronically stored information in a
database, written reports, statistics, memoranda or other data), arrest
reports, CAD reports or similar records) that list
a. the number of individuals arrested during joint operations with DHS,
ICE, or CBP;
b. the criminal charges brought against each individual that was arrested
during joint operations with DHS, ICE, or CBP; or
c. the number of individuals charged with civil immigration violations
during joint operations with DHS, ICE, or CBP.
Date Range: November 29, 2017 to the present

11. All records (including electronically stored information in a
database, written reports, statistics, memoranda or other data), that list
the number of people that the Department released to the public and who
were immediately arrested by ICE or CBP on Department property. Date
Range: November 29, 2017 to the present

VI. Detainee Movement Logs

12. All records that include the “movement history” logs of individuals in
Department custody for whom an I-247 detainer, notification request, or
transfer request was lodged. This may include records logging how
individuals are moved through different Department divisions, wings,
areas, programs, or Department facilities (ie. Booking, housing). Date
Range: November 29, 2017 to the present

VII. Communications Records

13. All communications (herein, “communications” refers to emails, texts,
faxes, letters, social media posts) about implementing the Directive in
the Department, how the Department interacts with or assists ICE and CBP,
or making inmate release information available to the public between
Department Command Staff or Supervising Staff and the following types of
Department employees:
a. Those who contribute to the development of department policy;
b. Those who directly interact with the public;
c. Those who directly interact with people in Department custody; and
d. Those who directly interact with federal immigration agencies
Date Range: November, 29, 2018 to the present

14. All communications about implementing the Directive in the Department,
how the Department interacts with ICE and CBP, or making inmate release
information available to the public between Department Personnel and
individuals in the following external agencies:
a. ICE;
b. CBP;
c. The U.S. Department of Justice;
d. The White House;
e. The New Jersey Department of Justice;
f. The Sheriffs Association of New Jersey; or
g. The New Jersey State Association of Chiefs of Police
Date Range: November, 29, 2018 to the present We request that all
responsive records be sent as electronic files via email to
[email address]. If the Department cannot provide
responsive documents to certain requests above, please indicate the number
of the request and the reason for the denial.

As N.J.S.A. 47:1A-5(i) provides that public agencies respond to OPRA
records requests within 7 days, I look forward to hearing from you within
this time.
Thank you in advance and we look forward to your response.
Sincerely,

Dean Rose Cuison-Villazor
Vice Dean, Professor of Law and Chancellor’s Social Justice Scholar
Director, Center for Immigration Law, Policy and Justice
Rutgers Law School
123 Washington Street
Newark, NJ 07102
Phone number: (973) 353-3159
Email: [email address]

Dr. Peter Mancina
Visiting Scholar
Center for Immigration Law, Policy and Justice Rutgers Law School
123 Washington Street
Newark, NJ 07102
Phone number: (415)-226-8714
Email: [email address]

Footnotes
FN 1: The term “records” as used herein means records as broadly defined
by N.J.S.A.47:1A-1.1 and includes, “any paper, written or printed book,
document, drawing, map, plan, photograph, microfilm, data processed or
image processed document, information stored or maintained electronically
or by sound-recording or in a similar device, or any copy thereof, that
has been made, maintained or kept on file in the course of his or its
official business by any officer, commission, agency or authority of the
State or of any political subdivision thereof, including subordinate
boards thereof, or that has been received in the course of his or its
official business by any such officer, commission, agency, or authority of
the State or of any political subdivision thereof, including subordinate
boards thereof. The terms shall not include inter-agency or intra-agency
advisory, consultative, or deliberative material.” “Records” that we are
interested in obtaining are those that not only are stored in government
office locations, on government servers, or on government computers and
devices but also in private locations and storage facilities, on private
servers, on private computers and devices, in private email accounts, and
in public and private social media accounts.

FN2: Version 1:
https://nam02.safelinks.protection.outlo...

FN3: Version 2:
https://nam02.safelinks.protection.outlo...

-------------------------------------------------------------------

Please use deliver records electronically via email to the below UNIQUE
address for all replies to this request:
[OPRA #17269 email]

Is [Rutgers University request email] the wrong address for OPRA requests to Rutgers
University? If so, please contact us using this form:
https://nam02.safelinks.protection.outlo...

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
https://nam02.safelinks.protection.outlo...

View this OPRA request & responses online:
https://nam02.safelinks.protection.outlo...

Please note that in some cases publication of requests and responses will
be delayed.

If you find this service useful as an OPRA custodian, please ask your web
manager to link to us from your organisation's website.

-------------------------------------------------------------------”

Upon receiving your request, the undersigned sent you an email seeking
clarification of your request. As of this writing, you have failed to
provide the requested clarification. Therefore, at this time we are
withdrawing your request and considering it closed. Should you wish to
resubmit your revised request please do so by contacting the Office of the
Custodian of Records through the Rutgers Open Public Records Center
website, or via the regular mail to: Rutgers, The State University of New
Jersey, University Custodian of Records, University Ethics and Compliance,
335 George Street, Suite 3300, New Brunswick, NJ 08901.

 

If you have any questions, please contact my office at 973.972.1981.

 

Sincerely,

 

Jewell Battle

University Custodian of Records

University Ethics and Compliance

Rutgers, The State University of New Jersey

 

 

973.972.1981

 

To monitor the progress or update this request please log into the [1]Open
Public Records Center.

References

Visible links
1. https://u8387795.ct.sendgrid.net/ls/clic...