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A1400
ASSEMBLY, No. 1400
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblywoman ELLEN J. PARK
District 37 (Bergen)
Assemblywoman ALIXON COLLAZOS-GILL
District 27 (Essex and Passaic)
Assemblyman GABRIEL RODRIGUEZ
District 33 (Hudson)
Assemblywoman ELIANA PINTOR MARIN
District 29 (Essex and Hudson)
Co-Sponsored by:
Assemblywomen Reynolds-Jackson, Tucker, Speight, Quijano,
Assemblyman Venezia, Assemblywoman Morales, Assemblyman Verrelli, Assemblywomen
Bagolie, Haider, Assemblymen Schnall, Stanley, Karabinchak, DeAngelo, Sampson,
Singh, Danielsen, Assemblywoman McCoy, Assemblymen Abdelaziz, Spearman, Moen,
Egan, Assemblywoman Kane, Assemblyman Kennedy, Assemblywomen Murphy, Carter and
Assemblyman Stewart
SYNOPSIS
���� Establishes protections for immigrants interacting
with government agencies; designates "New Jersey Immigrant Trust
Act."
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act
concerning reforms to build confidence among
residents when interacting with public agencies, designating the New Jersey
Immigrant Trust Act, and supplementing Title 52 of the Revised Statutes
.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� The Legislature finds
and declares that:
���� a.���� This act seeks to
protect the safety and constitutional rights of all people in the State of New
Jersey and to protect the State�s limited resources.
���� b.��� New Jersey is a State of
immigrants and has the second highest percentage of foreign-born residents of
all the states, with immigrants making up nearly one in every four people in
the State.�
���� c.���� More than forty percent
of children in New Jersey live in immigrant families, with at least one
foreign-born parent.
���� d.��� In recognition of
immigrants� significant contributions to the strength of New Jersey, the
Legislature has a substantial and compelling interest to ensure this State
remains a place where the rights and dignity of all people are maintained and
protected, regardless of their immigration status.
���� e.���� The enforcement of
federal immigration law is the responsibility of the federal government and
falls outside the scope of State, county, and municipal law enforcement
agencies� public and community safety priorities.
���� f.���� Data from across the
country reveals that when State, county, and municipal agencies assist federal
immigration authorities to carry out federal law enforcement, immigrant
communities and their loved ones are deterred and discouraged from assisting or
seeking assistance from public agencies, including health and public safety
services.
���� g.��� State, county, and municipal
agencies, including public schools and hospitals, should be safe and accessible
to all eligible community members who are seeking services. �Individuals should
not be deterred from seeking services to which they are eligible merely because
of their immigration status or the status of their loved ones.
���� h.��� New Jersey is a
healthier, safer, and more prosperous State when all residents access the
services for which they are eligible without fear.� Coordinated efforts of all
relevant local, county, and State agencies are required to create the
conditions that empower residents to seek the help they need from public
services, including health and public safety services.
���� i.���� State, county, and
municipal law enforcement agencies incur costs when assisting federal
immigration authorities, which include the costs of extending detention time,
law enforcement personnel time, tracking and responding to immigration
detainers, liability for unconstitutional detention and other violations of
constitutional rights. �These law enforcement agencies are not reimbursed by
the federal government for the entire costs of the enforcement activities,
leaving fewer resources available to meet local responsibilities.
���� j.���� Unlike criminal
detainers, which are supported by a warrant and require probable cause,
immigration detainer requests do not require a warrant or any established
standard of proof, such as reasonable suspicion or probable cause.
���� k.��� Immigration detainers
have erroneously been placed on United States citizens, as well as immigrants
who are not deportable, and f
ederal courts in
multiple jurisdictions have found that honoring these detainers violated the
Fourth Amendment to the United States Constitution.
���� l.���� Therefore, it is fitting
and proper to direct State, county, and municipal entities to attend to local
priorities rather than carrying out costly federal immigration enforcement initiatives
that contravene those priorities and harm New Jersey communities.
���� 2.��� As used in this act:
���� �Civil immigration warrant�
means any warrant for a violation of federal civil immigration law issued by United
States Immigration and Customs Enforcement, United States Customs and Border
Protection, or any division or subsidiary of the United States Department of
Homeland Security or its successor agencies
that is not approved or ordered by a federal Article
III judge or magistrate judge, or the state equivalent, including
administrative warrants entered into the Federal Bureau of Investigation�s
National Crime Information Center database.
���� �Federal immigration
authorities� means one or more officers, employees, or persons otherwise paid
by or acting as agents of United States Immigration and Customs Enforcement, United
States Customs and Border Protection or any division thereof, or one or more
other officers, employees, or persons otherwise paid by or acting as agents of
the United States Department of Homeland Security or its successor agencies
charged with immigration enforcement.
���� �Government entity� means any
of the principal departments in the Executive Branch of State Government, and
any division, board, bureau, office, commission or other instrumentality within
or created by such department and any independent State authority, commission,
instrumentality or agency, including any public institution of higher
education.� The term also means any political subdivision of the State or
combination of political subdivisions, and any division, board, bureau, office,
commission or other instrumentality within or created by a political
subdivision of the State or combination of political subdivisions, and any
independent authority, commission, instrumentality or agency created by a
political subdivision or combination of political subdivisions.
���� �Health care facilities� shall
have the same meaning as provided in subsection a. of section 2 of P.L.1971,
c.136 (C.26:2H-2).
���� �Immigration detainer� means a
document issued by a federal immigration authority that is not approved or
ordered by a federal Article III judge or magistrate judge, or the state
equivalent, and requests a law enforcement agency or law enforcement official
to provide notice of release or maintain custody of a person beyond the time at
which the person would otherwise be released from custody; �immigration
detainer� shall include I-247 forms and other forms issued under Section 1226
or 1357 of Title 8 of the United States Code or Section 236 or 287 of Title 8
of the Code of Federal Regulations.
���� �Immigration enforcement�
means any effort to investigate, enforce, or assist in the investigation or
enforcement of any federal civil immigration law, and includes any effort to
investigate, enforce, or assist in the investigation or enforcement of any violations
of Title 8 of the United States Code.
���� �Judicial warrant� means a
warrant based on probable cause and issued by a federal Article III judge or
magistrate judge, or the state equivalent, that authorizes federal immigration
authorities to search a location or take into custody the person who is the
subject of the warrant.
���� �Law enforcement official�
means any person with the power to criminally charge, arrest, or detain
individuals, and shall include correctional police officers, prosecutors, and
other law enforcement officers and any other person employed by a State,
county, or municipal law enforcement agency; the term also shall include
employees of school and police security departments, parole officers, probation
officers, and pretrial services employees.�
���� �Notification request� means a
request
that a State, county, or municipal law
enforcement agency inform
federal immigration authorities
of the release date or time of an individual in the
local law enforcement agency�s custody.
����
�Record�
means 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.
���� �School police and security
departments� means the police, security, and other law enforcement departments
of a public or publicly-funded educational institution appointed or established
pursuant to P.L.1970, c.211 (C.18A:6-4.2 et seq.).�
���� �
State,
county, or municipal law enforcement agency� means any agency, or elected,
appointed, or hired officials, authorized to enforce or prosecute criminal
statutes, regulations, or local ordinances, to enforce or prosecute juvenile
delinquency statutes, regulations, or local ordinances, or to operate jails or
prisons, or to maintain custody of detained individuals in the State; the term
also shall include school police and security departments, the New Jersey State
Parole Board, any juvenile parole panel, probation divisions, and pretrial
services programs.
���� �Transfer request� means a
request that a State, county, or municipal law enforcement agency or law
enforcement official facilitate the transfer of an individual in its custody to
federal immigration authorities, and includes, but is not limited to, DHS Form
I-247X.
���� 3.��� a.
�Government entities and healthcare facilities may
collect information relating to a person�s immigration status, citizenship
status, place of birth, social security number, and individual taxpayer
identification number only when this information is strictly necessary to
assess eligibility for or to administer the requested public services,
benefits, or programs that the agency, division, or facility is charged with
administering.�
���� b.
Any record and any information, whether written or oral, concerning a
person that is solicited, made, or kept by any public agency or officer thereof
for the purpose of assessing eligibility for, or administering the services,
benefits, or program that is requested, used, or delivered shall not be:
���� (1)
a governmental record
pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.)
,
known commonly as the open public records
act, except that an election agency shall disclose a candidate�s citizenship
status where such information is a requirement for elected office.� As used in
this paragraph, �election agency� means the New Jersey Division of Elections,
the New Jersey Election Law Enforcement Commission, county boards of elections,
county superintendents of elections, county clerks, municipal clerks, fire
district board clerks, school district business administrators, and school
district board secretaries; and
���� (2)
disclosed, except as required to administer the benefits, services, or programs
pursuant to New Jersey law, federal law, or as required by a valid court order or
warrant issued by a federal Article III judge or magistrate judge, or the State
equivalent
.
���� c.
This section shall not prohibit the sharing of records or information
when the subject of that record or information has knowingly provided written
consent in their language of choice allowing the record or information to be
provided to the person or agency requesting the record or information.
�
The written consent shall include:
���� (1) the exact record or
information to be shared;
���� (2) the purpose for sharing
the record or information;
���� (3) a statement clarifying
that consent is voluntary and declining to consent shall not result in
discrimination or retaliation by the government entity;
���� (4) a statement clarifying
that consent may be revoked, but that revocation does not impact a record or
information already shared via prior written consent provided pursuant to this
section; and
���� (5) the person or agency to
receive the record or information.
���� d.��� All
government entities shall review their confidentiality policies, guidance, and
regulations and identify any changes necessary to ensure compliance with the
provision of this section by the agency and the entities under its authority. �Any
necessary changes to those policies shall be made as expeditiously as possible,
consistent with agency or department procedures but no later than one calendar
year following the effective date of this act, and published prominently on the
agencies� Internet website.
���� e.���� Nothing
in this section shall be construed to prohibit or in any way restrict any
action where the prohibition or restriction would be contrary to federal law.�
���� 4.��� a.
�The Attorney General, in consultation with the Public Defender, shall
prepare a uniform written notice explaining the provisions of section 6 of
the New Jersey
Immigrant Trust Act, in
plain language
. �
This notice
shall be considered a vital document
pursuant to P.L.2023, c.263 (C.52:14-40 et seq.)
. �The Attorney
General shall ensure this notice and its translations are posted to the Internet
website of the Department of Law and Public Safety and distributed to all
State, county and municipal law enforcement agencies, which shall display the
notices prominently in the public entrance area of each agency�s office, visible
to those in the agency�s custody, and on the agency�s Internet website.
���� b.��� No later than 180 days following
the effective date of this act and in consultation with stakeholders serving or
representing immigrant communities, the Attorney General shall develop
standardized training and guidance for all law enforcement officials on
compliance with this act. �The Attorney General shall provide this mandatory
training to every State, county and municipal law enforcement agency within one
year of the effective date of this act, and periodically thereafter as
determined by the Attorney General.� Every State, county and municipal law
enforcement officer appointed after the effective date of P.L.��� , c.�� (C.��
) (pending before the Legislature as this bill) shall, within 12 months of
their appointment, satisfactorily complete the training course required by this
section.
���� c.���� The Department of Human
Services, in consultation with stakeholders serving or representing immigrant
communities, shall develop and lead a multilingual campaign to promote public
awareness of the provisions of section 6 of P.L.��� , c.�� (C.�������� ) (pending
before the Legislature as this bill).� All written materials produced pursuant
to this section shall be vital documents pursuant to P.L. 2023, c.263
(C.52:14-40 et seq.).� As a part of the campaign to promote awareness of the
provisions of section 6 of P.L.��� , c.�� (C.�������� ) (pending before the
Legislature as this bill), the department shall, at a minimum, publish the
following on its Internet website no later than 180 days following the
enactment of this act:
���� (1)�� the text of section 6 of
P.L.��� , c.�� (C.�������� ) (pending before the Legislature as this bill); and
���� (2)�� a summary and
explanation, in plain language, of the terms and provisions of section 6 of
P.L.��� , c.�� (C.�������� ) (pending before the Legislature as this bill).
���� 5.��� a.��������
The Attorney General, in consultation with the
appropriate government entities and with stakeholders serving or representing
immigrant communities, shall develop model policies for sensitive locations.�
These locations shall include health care facilities, public libraries, public
schools, domestic violence shelters, emergency shelters, family shelters, youth
shelters, and any other location deemed appropriate by the Attorney General, to
ensure that these institutions remain safe and accessible to all State
residents, regardless of immigration status.� The model policies shall ensure
that
eligible individuals are not deterred from seeking services or
engaging with State, county, or municipal public agencies or government
entities.� In addition, to the fullest extent possible consistent with State
and federal law, the model policies shall prohibit these institutions from:
���� (1)��
requesting or collecting information relating to citizenship,
immigration status, place of birth, social security number, and individual
taxpayer identification number, except where required to determine eligibility
for services, benefits, or programs provided or administered by the institution
in question;
����
(2)�� permitting immigration enforcement on the
�
premises of these institutions, in areas not open
without restriction to the general public; and
���� (3)�� assisting or participating in immigration
enforcement
.
���� b.
The
model policies shall define �
assisting or
participating in immigration enforcement
� as provided in paragraph (3)
of subsection a. of this section to include, but not be limited to, the
activities prohibited by section 3 of
P.L.��� , c.�� (C.�������� )
(pending before the Legislature as this bill) to the extent relevant to the
activities of the institution governed by the model policy.
���� c.
The Attorney General shall publish these model policies on the
Internet
website of the Department of Law and Public Safety
no later than one calendar year following the enactment of
this act.
���� d.
The government entities with authority to regulate public schools,
health care facilities, public libraries, youth shelters, emergency shelters, family
shelters, and domestic violence shelters shall adopt the model policies
established pursuant to this section no later than 180 days after issuance of
model policies pursuant to subsection c. of this section.�
The government entities shall order public schools, health
care facilities, public libraries, youth shelters, emergency shelters, family
shelters, and domestic violence shelters under their authority to comply with
model policies adopted pursuant to this section or more protective policies and
to post the adopted policies prominently at each service location in an area
visible to the public.� Any facilities that are not regulated by a State agency
shall be encouraged to adopt the model policy.
���� 6.��� a.� A State, county, or
municipal law enforcement agency or official shall not:
���� (1)�� stop, question, arrest,
search, or detain any individual based on actual or suspected citizenship or
immigration status, or actual or suspected violations of federal civil
immigration law;�
���� (2)�� inquire about an
individual�s immigration status, citizenship, place of birth, or eligibility
for a social security number;
���� (3)�� make an arrest, detain,
or prolong the detention of an individual based on civil immigration warrants
or immigration detainers;
���� (4)�� use agency or department
moneys, facilities, property, equipment, or personnel to investigate, enforce,
or assist in the investigation or enforcement of any federal program requiring
registration of individuals on the basis of race, gender, sexual orientation,
religion, immigration status, citizenship, or national or ethnic origin; or
���� (5)�� make agency or
department databases available to anyone or any entity for the purpose of
immigration enforcement or investigation or enforcement of any federal program
requiring registration of individuals on the basis of race, gender, sexual
orientation, religion, immigration status, citizenship, or national or ethnic
origin.
���� b.��� Any agreements,
policies, or practices made prior to the effective date of this act that are in
conflict with the provisions of paragraph (5) of subsection a. of this section
shall be void on the effective date of this act.�
���� c.���� A State, county, or
municipal law enforcement agency or official shall not provide assistance to
federal immigration authorities by:
���� (1)�� participating in civil
immigration enforcement operations;
���� (2)�� providing to federal
immigration authorities any information that identifies, relates to, describes,
is reasonably capable of being associated with, or could reasonably be linked,
directly or indirectly, with a particular person;
���� (3)�� providing access to any
State, county, or municipal law enforcement equipment, office space, database,
or property;
���� (4)�� providing access to a
detained individual for an interview;
���� (5)�� facilitating or complying
with immigration detainers, civil immigration warrants, notification requests,
and transfer requests from federal immigration authorities;
���� (6)�� continuing to detain a
person past the time the person would otherwise be eligible for release from
custody based solely on an immigration detainer or civil immigration warrant;
���� (7)�� entering into,
modifying, renewing, or extending any agreement to exercise federal immigration
authority or conduct immigration enforcement pursuant to section 287(g) of
Title 8 of the Immigration and Nationality Act, 8 U.S.C. �1357(g), or otherwise
exercising federal civil immigration authority or conducting immigration
enforcement outside of the purview of 287(g) of Title 8 of the Immigration and
Nationality Act, 8 U.S.C. �1357(g); or
���� (8)�� providing or sharing
funds, property, equipment, personnel, or access to facilities or real property
not open to the general public for purposes of engaging in, assisting,
supporting, or facilitating immigration enforcement.
���� d.��� Upon receiving an
immigration detainer, notification request, civil immigration warrant, or
transfer request concerning a person in custody, the receiving State, county,
or municipal law enforcement agency or official shall provide a copy of the
document to the person, and inform the person whether the agency or official
intends to comply.� If the agency or official intends to comply, a written
explanation specifying the legal basis for that action shall be furnished to
the person in custody.
���� e.���� Subsections a. b. and
c. of this section shall be enforceable under the �New Jersey Civil Rights
Act,� P.L.2004, c.143 (C.10:6-1 et seq.) or any other manner provided by law.
���� f.���� Nothing in this section
shall prevent any State, county, or municipal law enforcement agency from
responding to a valid judicial warrant, court order, or writ issued by a federal
Article III judge or magistrate judge, or the State equivalent.
���� g.��� Nothing in this section
shall be construed to prohibit, or in any way restrict, any action where the prohibition
or restriction would be contrary to federal law.
���� 7.��� a.� Each State, county,
and municipal law enforcement agency shall submit to the Attorney General a
report within 180 days of the effective date of this act and within 30 days
after the end of each State fiscal year thereafter.� The reports shall provide:
���� (1)�� the number of detainer
requests, transfer requests, and notification requests made by immigration
authorities, and the responses of the State, county, or municipal law
enforcement agency.� For any request that was granted, the report shall specify
any legal basis for granting that request;
���� (2)�� the number of interviews
requested and the number of interviews conducted, either in person or
telephonically, by immigration authorities of people in State, county, or
municipal law enforcement custody.� For each interview conducted, the report
shall specify any legal basis for granting the interview;
���� (3)�� any other requests made
by immigration authorities for the agency�s participation in immigration
enforcement, the responses of the State, county, or municipal law enforcement
agency, and the legal basis for granting the request; and
���� (4)�� to the extent the law
enforcement agency has knowledge, any information about State, county, and
municipal databases to which immigration authorities have had access to at any
time in the course of the year, including: the name of the database; an overview
of information available on the database; the purpose for which immigration
authorities have access to this database; the process through which immigration
authorities requested access and agencies reviewed this request, if applicable;
any legal basis for providing immigration authorities access to the database;
and the frequency with which immigration authorities accessed the database over
the course of the year.
���� b.��� The Attorney General
shall initially publish the information submitted pursuant to this section on
the Internet website of the Department of Law and Public Safety within 90 days
of receipt and within 90 days after the end of the State fiscal year
thereafter.�
���� c.���� The Attorney General
shall promulgate regulations pursuant to the �Administrative Procedure Act,�
P.L.1968, c.410 (C.52:14B-1 et seq.) to ensure compliance by State, county, and
municipal law enforcement agencies with the annual reporting requirements
established pursuant to this section.� The regulations shall be promulgated
within 90 days following the effective date of this act.�
���� d.��� The Attorney General
shall report annually to the Governor and the Legislature pursuant to section 2
of P.L.1991, c.164 (C.52:14-19.1) a summary of each law enforcement agency�s
compliance with the provisions of this act.� The report shall append the
submissions by State, county, and municipal law enforcement agencies required
pursuant to subsection a. of this section.�
���� 8.��� The provisions of
P.L.��� , c.�� (C.������� ) (pending before the Legislature as this bill) are
severable; if any provision or application of any provision of P.L.��� , c.���
(C.������� ) (pending before the Legislature as this bill) is held invalid by any
court, the holding or judgment shall not affect the remaining provisions or
applications of the provisions thereof.
���� 9.��� This act shall take
effect immediately.
STATEMENT
���� This bill creates a uniform
code for State and local government entities, as well as health care
facilities, regarding the use of resources to aid federal immigration law
enforcement, and designates the �New Jersey Immigrant Trust Act.�
���� Under the bill, the definition
of government entities includes any of the principal departments of the
executive branch of State government and any parts or creations thereof, any
independent State authority, commission, instrumentality or agency, including
any public institution of higher education.� The bill�s definition also
includes political subdivisions of the State and combinations of political
subdivisions, independent authorities, commissions, instrumentalities and
agencies created by a political subdivision or combination of political
subdivisions.�
���� Under the bill,
government entities and healthcare facilities are
prohibited from collecting certain personal and identifying information unless
it is strictly necessary for program or service administration. �
Any
record resulting from that collection,
whether
written or oral, would not be a government record under the �Open Public Records
Act� unless an election agency requires it to ascertain the eligibility of a
candidate when citizenship is required for an elected office.� Any record also
shall not be disclosed except as required to administer benefits or services
pursuant to State or federal law, or valid court order or warrant, issued by a
federal Article III judge or magistrate or the State equivalent.� The bill
provides that the prohibition on sharing information may be waived if the
subject of the record or information provides written consent in that person�s
preferred language.� The written consent shall include the following:
����
(1)
the exact record or information to be shared;
���� (2) the purpose for sharing
the record or information;
���� (3) a statement clarifying
that consent is voluntary and declining to consent shall not result in
discrimination or retaliation by the government entity;
���� (4) a statement clarifying
that consent may be revoked, but that revocation does not impact a record or
information already shared via prior written consent provided pursuant to this
section; and
���� (5) the person or agency to
receive the record or information.
���� The
bill requires government entities to review their confidentiality policies,
guidance and recommendations to identify any changes necessary to ensure compliance
with the provisions of the bill and make any changes as expeditiously as
possible, but no later than one year after the bill becomes effective.
�
The bill also requires these entities to share their policies prominently on
their Internet websites.
���� This bill also requires the
Attorney General, in consultation with the Public Defender, to prepare a
written notice explaining in plain language the provisions of section 6 of the
bill.� Section 6 of the bill details the prohibition of certain actions by law
enforcement.� The bill requires the notice and all translations to be posted to
the Internet website of the Department of Law and Public Safety and to be
considered vital documents pursuant to P.L.2023, c.263 (C.52:14-40 et seq.).�
The Attorney General is also required to consult with stakeholders serving or
representing immigrant communities in the development of standardized training
and guidance for law enforcement to comply with the bill�s provisions.� The AG
also shall provide mandatory training to all State, county and local law
enforcement agencies within one year of the bill�s effective date.� Any newly
sworn officer is required to complete this training within a year of the
officer�s appointment.� The Department of Human Services is required to consult
with stakeholders serving or representing immigrant communities to develop and
lead a multilingual campaign to promote public awareness of the bill�s
requirements for law enforcement agencies.� As part of the awareness campaign,
DHS is required to publish the text of section 6 of the bill�s provisions and a
plain language summary and explanation of those requirements on its Internet
website within 180 days of the bill�s enactment.�
���� Under the bill, the Attorney
General is also required to consult with other government entities and
stakeholders in the development of model policies for sensitive locations.�
These locations include health care facilities, public schools, public libraries,
shelters, and any other locations deemed appropriate by the Attorney General to
ensure that eligible individuals are not deterred from seeking services or
engaging with government entities.� The model policies prohibit the request or
collection of certain information regarding a person�s immigration status,
place of birth or taxpayer identification except to determine eligibility for
services or program benefits.� The model policies prohibit assistance or
participation of immigration enforcement, and prohibit the permission of
immigration enforcement on entity premises that are not open without
restriction to the general public.� The Attorney General is required to publish
the model policies on the Internet website of the Department of Law and Public Safety.�
The bill requires government entities with authority to regulate sensitive
places to adopt the model policies within 180 days of issuance by the Attorney
General�s office and encourages facilities not regulated by government entities
to adopt the policies.
���� The bill prohibits certain
actions by law enforcement.� Specifically, State, county, and municipal law
enforcement agencies and officials shall not:
���� (1)�� stop, question, arrest,
search, or detain any individual based on actual or suspected citizenship or
immigration status, or actual or suspected violations of federal civil
immigration law;�
���� (2)�� inquire about an
individual�s immigration status, citizenship, place of birth, or eligibility
for a social security number;
���� (3)�� make an arrest, detain,
or prolong the detention of an individual based on civil immigration warrants;
���� (4)�� use agency or department
moneys, facilities, property, equipment, or personnel to investigate, enforce,
or assist in the investigation or enforcement of any federal program requiring
registration of individuals on the basis of race, gender, sexual orientation,
religion, immigration status, citizenship, or national or ethnic origin; or
���� (5)�� make agency or
department databases available to anyone or any entity for the purpose of
immigration enforcement or investigation or enforcement of any federal program
requiring registration of individuals on the basis of race, gender, sexual
orientation, religion, immigration status, citizenship, or national or ethnic
origin.� The bill nullifies any agreement, policy or practice in place that is
in conflict with this clause.
���� Law enforcement agencies in
the State are also prohibited from:
���� (1)�� participating in civil
immigration enforcement operations;
���� (2)�� providing to federal
immigration authorities any information that identifies, relates to, describes,
is reasonably capable of being associated with, or could reasonably be linked,
directly or indirectly, with a particular person;
���� (3)�� providing access to any
State, county, or municipal law enforcement equipment, office space, database,
or property;
���� (4)�� providing access to a
detained individual for an interview;
���� (5)�� facilitating or complying
with immigration detainers, notification requests, and transfer requests from
federal immigration authorities;
���� (6)�� continuing to detain a
person past the time the person would otherwise be eligible for release from
custody based solely on an immigration detainer or civil immigration warrant;
���� (7)�� entering into,
modifying, renewing, or extending any agreement to exercise federal immigration
authority or conduct immigration enforcement pursuant to section 287(g) of
Title 8 of the Immigration and Nationality Act, 8 U.S.C. �1357(g), or otherwise
exercising federal civil immigration authority or conducting immigration
enforcement outside of the purview of 287(g) of Title 8 of the Immigration and
Nationality Act, 8 U.S.C. �1357(g); or
���� (8)�� providing or sharing
funds, property, equipment, personnel, or access to facilities or real property
not open to the general public for purposes of engaging in, assisting,
supporting, or facilitating immigration enforcement.
���� The bill provides that
violations of the prohibitions on police conduct in the bill would be
enforceable under the �New Jersey Civil Rights Act,� P.L.2004, c.143.
���� If an agency or law
enforcement official intends to comply with an immigration detainer,
notification request, civil immigration warrant, or transfer request concerning
a person in custody, a written explanation specifying the legal basis for that
action is required to be given to the person is custody.
���� Lastly, the bill requires each
State, county, and municipal law enforcement agency to submit to the Attorney
General a report that includes:
���� (1)�� the number of detainer
requests, transfer requests, and notification requests made by immigration
authorities, and the responses of the State, county, or municipal law
enforcement agency.� For any request that was granted, the report shall specify
any legal basis for granting that request;
���� (2)�� the number of interviews
requested and the number of interviews conducted, either in person or
telephonically, by immigration authorities of people in State, county, or
municipal law enforcement custody.� For each interview conducted, the report
shall specify any legal basis for granting the interview;
���� (3)�� any other requests made
by immigration authorities for the agency�s participation in immigration
enforcement, the responses of the State, county, or municipal law enforcement
agency, and the legal basis for granting the request; and
���� (4)�� to the extent the law
enforcement agency has knowledge, any information about State, county, and
municipal databases to which immigration authorities have had access to at any
time in the course of the year, including: the name of the database; an overview
of information available on the database; the purpose for which immigration
authorities have access to this database; the process through which immigration
authorities requested access and agencies reviewed this request, if applicable;
any legal basis for providing immigration authorities access to the database;
and the frequency with which immigration authorities accessed the database over
the course of the year.
���� Law enforcement agencies have
180 days after the effective date of the bill to produce the first report and
must then annually submit a report within 30 days of the end of the State�s
fiscal year.� The Attorney General is initially required to publish the report
on the office�s website within 90 days of receipt, and then within 90 days of
the end of the fiscal year thereafter.� The Attorney General is also required
to annually submit to the Governor and Legislature a report on each law
enforcement agency�s compliance with the provisions of this act.