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A1838
ASSEMBLY, No. 1838
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblyman GREGORY E. MYHRE
District 9 (Ocean)
Assemblyman BRIAN E. RUMPF
District 9 (Ocean)
Co-Sponsored by:
Assemblyman McGuckin
SYNOPSIS
���� Permits State, local government agencies, and private
detention facilities to enter into agreement to detain noncitizens.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act
concerning immigration detention agreements, amending
P.L.2021, c.199, and repealing section 1 of P.L.2021, c.199.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� Section 2 of P.L.2021,
c.199 (C.30:4-8.16) is amended to read as follows:
���� 2.��� a.� As used in this act:
���� "Immigration detention
agreement" means any contract, agreement, intergovernmental service
agreement, or memorandum of understanding that authorizes the State, local
government agency, or private detention facility to house or detain individuals
for civil immigration violations.
���� "Local government
agency" means a county, county sheriff, municipality, or other political
subdivision and any agency, officer, employee, or agent thereof.
���� "Private detention
facility" means any privately owned or operated facility that houses or
detains individuals for civil immigration violations.
���� b.��� On or after the
effective date of
[
this
act
]
P.L.��
, c.� (C.���� ) (pending before the Legislature as this bill)
:
���� (1)�� the State or a local
government agency
[
shall
not
]
may
enter into, renew, or extend
[
any
]
an
immigration detention agreement as defined in subsection a. of this section;
[
or
]
and
���� (2)�� a private detention
facility operating in this State
[
shall
not
]
may
enter into, renew, or extend
[
any
]
an
immigration detention agreement as defined in subsection a. of this section.
���� c.����
[
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, the
United States Constitution, or the New Jersey Constitution.
]
(Deleted
by amendment,
P.L. , c. ) (pending
before the Legislature as this bill).
(cf:� P.L.2021, c.199, s.2)
���� 2.��� Section 1 of P.L.2021,
c.199 (C.30:4-8.15) is repealed.
���� 3.��� This act shall take
effect immediately.
STATEMENT
���� This bill permits the State,
local government agencies, and private detention facilities to enter into an
agreement to detain noncitizens for civil immigration violations.
���� Under current law, the State,
a local government agency, or a private detention facility operating in this
State is not to enter into, renew, or extend any immigration detention
agreement.� Current law defines an immigration detention agreement as any
contract, agreement, intergovernmental service agreement, or memorandum of
understanding that authorizes the State, local government agency, or private
detention facility to house or detain individuals for civil immigration
violations.
���� Under the provisions of this
bill, the State, a local government agency, or a private detention facility
operating in this State may enter into, renew, or extend an immigration
detention agreement.