ATLANTIC CITY — Mayor Marty Small Sr. is pushing back against concerns about the city's treatment of its Hispanic community following a contentious anti-ICE demonstration outside Atlantic City police headquarters that resulted in five arrests and a sixth person being charged.
Small issued a statement Monday addressing the controversy surrounding recent U.S. Immigration and Customs Enforcement activity and the response from immigrant advocates who have accused Atlantic City police of assisting federal agents.
“We are not against the Hispanic community,” Small said. “Atlantic City is a diverse, welcoming and multicultural city, and we value the many contributions the Hispanic community has made to our city and our community.”
The mayor also drew a clear distinction between federal immigration enforcement and the authority of Atlantic City government and its Police Department.
“This is an unfortunate situation, and I want to be clear that, as Mayor, and with respect to the Atlantic City Police Department, we do not have jurisdiction or authority over federal law enforcement operations,” Small said.
“While we may not agree with the tactics being used, there is nothing within our legal authority that allows us to intervene in federal operations.”
Small added that federal authorities do not notify either City Hall or the Atlantic City Police Department before conducting operations in the city.
Protest followed disputed traffic stop
Saturday's demonstration grew out of a dispute involving Cristian Moreno-Rodriguez, executive director of El Pueblo Unido of Atlantic City, an immigrant advocacy organization that has been monitoring federal immigration enforcement activity.
Moreno-Rodriguez was stopped by Atlantic City police earlier in the week while following vehicles he believed were connected to ICE.
El Pueblo Unido alleged that the stop was connected to its efforts to document federal immigration enforcement and accused local police of assisting ICE.
Police strongly denied that allegation.
Atlantic City Police Chief James Sarkos released city surveillance video showing what police described as dangerous driving before the stop. Published video reviewed by other news organizations also showed Moreno-Rodriguez committing multiple traffic violations while following the vehicles, including driving through red lights and traveling on the wrong side of the roadway.
“The officer did exactly what our officers are trained, sworn, and expected to do,” Sarkos said in defending the stop. “He conducted a motor vehicle stop after observing dangerous driving and issued the appropriate summons.”
Police have maintained that the stop was prompted by the observed traffic violations and was unrelated to immigration enforcement.
El Pueblo Unido has continued to dispute that explanation.
Demonstration begins peacefully, then turns confrontational
The dispute led El Pueblo Unido to organize an emergency demonstration Saturday outside the Clayton G. Graham Public Safety Building on Atlantic Avenue.
Police said the demonstration began peacefully at approximately 11 a.m. before an altercation developed within the crowd.
According to the Police Department's account, officers leaving the building to respond to the altercation encountered protesters who had moved into the street and into an area police were keeping clear to provide access to the Public Safety Building.
Police said people were directed to clear those areas and arrests followed when some refused.
Five people were ultimately arrested.
Diana Chaparro, 50, of Hammonton, was charged with simple assault.
Jose Salazar, 18, of Princeton, was charged with simple assault and illegal possession of a chemical device involving pepper spray.
Cristian Moreno-Rodriguez, 31, of Atlantic City, was charged with obstruction of justice.
Keli Smith, 41, of Egg Harbor Township, was charged with obstruction of justice and resisting arrest.
Anthony Diaz, 30, of Newark, was charged with obstruction of justice.
Devon Barber, 28, of Atlantic City, was issued a complaint charging him with simple assault.
One person suffered minor injuries and was taken to AtlantiCare Regional Medical Center for treatment.
All charges are accusations, and those charged are presumed innocent unless proven guilty.
Police chief: Right to protest has limits
Sarkos defended the Police Department's handling of Saturday's demonstration while emphasizing that the department recognizes the right to protest.
“The constitutional right to peacefully protest is fundamental and is respected by the Atlantic City Police Department,” Sarkos said.
“That right, however, does not extend to physically obstructing access to a public safety facility, preventing police officers from safely entering or exiting the building, or interfering with the public’s ability to obtain police services.”
El Pueblo Unido, meanwhile, has accused the department of trying to silence its members and has said the arrests will not stop its efforts to monitor immigration enforcement and advocate for Atlantic City's immigrant community.
The organization held a news conference Monday following the arrests and continued calling for accountability from the Police Department.
Small: City cannot intervene with ICE
Small's new statement attempts to separate those two issues: what Atlantic City police do and what federal immigration officers do.
“Federal authorities do not notify the City or the Atlantic City Police Department when they plan to conduct operations in Atlantic City,” Small said.
The mayor said the city's responsibility is instead to protect everyone who lives in Atlantic City.
“Our responsibility is to continue serving and protecting all Atlantic City residents, regardless of background or nationality, and to ensure that every member of our community knows that they are valued,” Small said.
“As Mayor of the Great City of Atlantic City, I am responsible for the health, welfare and safety of our residents and tourists.”
Small strongly defended the Police Department, calling it “the absolute best police department in the world.”
“Although we must recognize federal law supersedes state and municipal authority in this instance, the fine men and women of the Atlantic City Police Department will continue to do what they have always done, which is protect and serve our great city with dignity and grace,” Small said.
Similar message earlier this year
This is not the first time Small has addressed tensions surrounding federal immigration enforcement.
In January, following earlier ICE activity in Atlantic City, Small said the city “proudly supports our immigrant community” while acknowledging that local police cannot interfere with lawful federal immigration operations.
“We will continue to stand firmly with our immigrant community while respecting federal authority,” Small said at the time.
He also called on the federal government to ensure immigration enforcement in Atlantic City was conducted lawfully and with respect for immigrants' rights.
The latest dispute, however, differs because the controversy now directly involves Atlantic City police and an organization monitoring ICE activity, culminating in Saturday's arrests outside police headquarters.
The Police Department says it follows the New Jersey Attorney General's Immigrant Trust Directive, which limits the circumstances in which state and local law enforcement agencies may assist federal immigration authorities.
El Pueblo Unido continues to challenge the department's handling of the events surrounding Moreno-Rodriguez.
Small's message Monday was that Atlantic City's immigrant community should not interpret either the controversy or federal immigration activity as hostility from city government.
