Detectives with the Newark Police Division of the city’s Department of Public Safety went undercover to infiltrate protests outside U.S. Immigration and Customs Enforcement’s Delaney Hall detention facility earlier this month, according to court records obtained by The Intercept.
At the June 3 protests outside the detention center sparked by a hunger strike inside, detectives in plainclothes worked alongside uniformed officers to arrest Samuel Becker, a protester alleged to have thrown items into a fire days earlier, according to a criminal complaint.
The protests had taken place for nearly a month outside Delaney Hall, a privately run ICE facility located on an industrial corridor in Newark, New Jersey, where detainees and their families have complained of poor conditions and retaliation by staff .
“The use of plainclothes officers presents the concern of people constantly being surveilled when they are engaging in First Amendment-protected activity.”
The operation was strictly aimed at arresting Becker, 30, who is accused of dragging a tarp into a fire during a raucous protest several days earlier, according to the complaint filed in Newark Municipal Court by police officer Elddy Torres.
“A PLAN WAS DEVISED TO DEPLOY TWO UNDERCOVER NEWARK POLICE DETECTIVES TO MONITOR AND REPORT REAL TIME INFORMATION TO SURVEILLANCE UNITS,” Torres wrote, describing what happened after Becker was identified. “AS THE UNDERCOVER DETECTIVES REMAINED WITHIN THE CROWD, BECKER WAS OBSERVED COORDINATING PROTESTERS PAST THE BARRICADED PROTEST ZONE.”
Law enforcement presence at protests can have a chilling effect, said Amol Sinha, the executive director of the New Jersey chapter of the American Civil Liberties Union, who declined to discuss the specifics of the arrest, with which he was not familiar. The psychological effect of undercover officers — and the fear of undercovers — stands out as especially problematic.
“The use of plainclothes officers presents the concern of people constantly being surveilled when they are engaging in First Amendment-protected activity,” Sinha told The Intercept. “These are moments that should be celebrated as part of democracy and not viewed through the lens of suspicion.”
While the use of undercover officers at protests is not unusual, advocates said the tactic could raise questions about suppression of speech if the aim goes beyond keeping the peace, according to Aedan Neary, a defense attorney in Kearny, who is not involved in the case.
“The concern arises out of the question of, at what point do the actions of these undercover agents become a pressure tactic as opposed to a law enforcement tactic?” Neary told The Intercept. “Is this being used to ensure that things remain peaceful? Or is this more about gathering intelligence?”
ICE Role Unmentioned
The arrest and police report also raise thorny questions about cooperation between ICE and local authorities, which is prohibited for immigration matters by a New Jersey state law passed in March .
According to Becker and two eyewitnesses to the arrest, ICE agents led the ambush that led to Becker’s detention and initially took him into custody.
“An ICE agent chased and grabbed me and quickly handed me over to an NPD officer,” Becker told The Intercept in a written statement. “The NPD officer brought me back over to the other side of the street and sat me down on the side of the ICE minivan that led the ambush.”
“An ICE agent chased and grabbed me and quickly handed me over to an NPD officer.”
While Newark police and Becker’s accounts align on basic details — such as the time and location of the arrest behind Delaney Hall, where protesters had gone to monitor vehicle traffic in and out of the facility — the complaint by Torres, the officer, says the arrest was the work of Newark police with the support of Essex County Police, omitting ICE’s role.
“ONE OF THE NPD UNDERCOVER DETECTIVES ADVISED US THAT THE GROUP WAS PLANNING TO LIGHT THE DUMPSTER ON FIRE AND PUSH IT IN THE REAR FENCE EXIT. A PLAN WAS DEVISED TO INTERRUPT THE GROUPS CONDUCT AND DISPERSE THEM BEFORE THEY COULD HURT ANYONE OR CAUSE ANY DAMAGE,” said Torres’s complaint. “NUMEROUS NPD DETECTIVES AND ESSEX COUNTY SHERIFF’S OFFICE SWAT PERSONNEL RESPONDED TO THE AREA TO MOVE THE GROUP ALONG.”
At least one of the vehicles that arrived in the convoy to make the arrest, Becker told The Intercept, was driven by ICE agents, converging on the group at the rear of Delaney Hall.
According to Becker, his interaction with that initial ICE agent making the arrest indicated some degree of intelligence sharing between federal authorities and local police.
“As I was surrounded by ICE agents and the arresting officer, one of the ICE agents accused me of [setting a] fire a different night,” Becker told The Intercept in a statement. “The ICE agent’s words matched the language NPD used when it put out a statement about my arrest the next day.”
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