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A1994
ASSEMBLY, No. 1994
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblywoman ANNETTE QUIJANO
District 20 (Union)
SYNOPSIS
���� Establishes immigration unit within Office of Public
Defender.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act
concerning
representation by the Office of the
Public Defender and supplementing Title 2A of the New Jersey Statutes.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� There is established,
within the Office of the Public Defender, a unit which shall, in the manner
prescribed by P.L.1967, c.43 (C.2A:158A-1 et seq), provide for the legal
representation of any noncitizen involved in the criminal justice system; any
noncitizen committed to a State, county, or private psychiatric institution;
and any noncitizen youth involved in the juvenile delinquency system along with
legal assistance on immigration related matters.
���� 2.��� This act shall take
effect immediately.
STATEMENT
���� This bill establishes an
immigration unit within the Office of the Public Defender (OPD) in order to
provide legal representation and assistance to indigent noncitizens on
immigration-related matters.� The immigration unit would assist criminal
justice-involved noncitizens, including noncitizen youth, in navigating
immigration issues during and resulting from the court proceedings.�
���� Pursuant to
Padilla v.
Kentucky
, 559 U.S.356 (2010), defense attorneys are required to advise
their clients of the immigration consequences of any criminal conviction.�
Public defender agencies across the country employ specialized immigration
lawyers to collaborate with attorneys in other areas of law to provide such
guidance.� According to the OPD, the New Jersey OPD currently employs only two
such attorneys to advise on immigration-related matters, with one immigration
attorney for every 600 noncitizen criminal defendants.� Further, an immigration
unit dedicated to immigration related counsel would also focus on the
noncitizen juvenile population.� According to the OPD, noncitizen youth
involved in the delinquency and the child welfare systems face a particular set
of challenges and can benefit from the immigration unit�s holistic approach
where immigration outcomes go hand-in-hand with the court proceedings.