Special Investigations

Press Freedom Defense Fund

Undercover Cops Infiltrated Delaney Hall ICE Protest to Spy and Make Arrest

A complaint by Newark police didn’t mention that ICE led the ambush on a protester and made the initial arrest.

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 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?”

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 Intercept