New Jersey’s attorney general is questioning the legality of a special ballot question in Sussex County that would direct the county sheriff to ignore state directives on undocumented immigrants.

State Attorney General Gurbir S. Grewal in a letter said the question should not appear on the county’s November general election ballot.

In response, Sussex Sheriff Mike Strada on Friday fired off a letter to U.S. Attorney General William Barr slamming what he termed Gov. Phil Murphy’s “sanctuary state scheme” and requesting Barr’s guidance.

Grewal in November issued an “immigrant trust directive” that places limits on voluntary assistance provided by state, county and local law enforcement officials to federal civil immigration authorities.

At issue is a resolution, approved by the all-Republican Freeholder board on April 10, authorizing a ballot question calling upon the sheriff to “to ignore directives from state officers and agencies” regarding undocumented immigrants.

Grewal’s letter was sent May 17 to Sussex County Clerk Jeff Parrott, whose office prepares the election ballots. Parrott did not immediately respond to a request for comment

Grewal, in his letter to Parrott, said the resolution appeared to target the directive.

“I recognize that this is a sensitive issue,” Grewal wrote in his letter, provided Friday to NJ Advance Media. “Officials and residents are free to express their disagreement with state laws and law enforcement directives, including the Immigrant Trust Directive, and I welcome the chance to continue those conversations.

"But officials and residents may not instruct their law enforcement officers to ignore a law enforcement directive.”

Strada, in his letter to Barr, listed some objections to Grewal’s directive. He said voters in Sussex County should be given the opportunity, via a ballot question he characterized as non-binding, to offer guidance.

“I believe that law enforcement in New Jersey should be following the federal government in matters of a federal nature," Strada wrote. "Protecting the borders of the United States, as well as immigration and citizenship (and the criminal laws governing same), are federal matters and not the purview of the states.”

Grewal, in his letter, said that the freeholder board’s resolution, thought not directly referencing his office’s directive, appeared to misrepresent its contents.

“The directive draws a line between state, county, and local law enforcement officers, who enforce New Jersey criminal laws, and federal immigration authorities, who enforce federal civil immigration laws," Grewal wrote. “Its purpose is to strengthen trust between the state’s law enforcement officers and its diverse immigrant communities, thereby ensuring that victims and witnesses feel safe reporting crimes.”

Grewal added that the directive “does not restrict law enforcement from complying with federal law or from enforcing valid court orders, and it does not provide 'sanctuary’ to those who commit crimes in the state.

“The directive simply calls on the 36,000 law enforcement officers in New Jersey - including police, prosecutors, sheriff’s officers, and correctional officers - to focus on their core priorities, like solving crimes and protecting the public,” Grewal wrote.

Grewal cited both state law and legal precedents in stating his position.

“As a legal matter, the Immigrant Trust Directive reflects a proper exercise of the Attorney General’s statewide law enforcement authority, and county governments may not propose ballot questions that would interfere with this authority,” Grewal said.

Grewal asked Parrott to respond to letter by June 7.

Strada is running for re-election this year and facing a challenger, Andrew Boden, in the Republican primary on June 4.

Rob Jennings may be reached at rjennings@njadvancemedia.com. Follow him on Twitter@RobJenningsNJ. Find NJ.com on Facebook.

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