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A212
ASSEMBLY, No. 212
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblywoman DAWN FANTASIA
District 24 (Morris, Sussex and Warren)
Assemblyman GREGORY E. MYHRE
District 9 (Ocean)
Assemblyman MICHAEL INGANAMORT
District 24 (Morris, Sussex and Warren)
Co-Sponsored by:
Assemblymen Kanitra, Clifton, Rumpf and McGuckin
SYNOPSIS
���� Requires certain law enforcement entities and courts
to cooperate with federal immigration authorities.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act
concerning immigration and supplementing various
sections of the statutory law.�
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
����
1.��� a. As used in this section:
����
�Federal immigration authority� means any officer,
employee, or person otherwise paid by or acting as an agent of United States
Immigration and Customs Enforcement
or United States Customs and Border
Protection, or any division thereof, or any officer, employee, or person
otherwise paid by or acting as an agent of the United States Department of
Homeland Security who is charged with immigration enforcement.
���� �Law enforcement agency� means a State, county, or
municipal law enforcement agency, and State or county correctional
facility.
���� b.��� Within 24 hours of an arrest, every law
enforcement agency in this State shall notify the appropriate federal
immigration authority if the person arrested is a non-citizen who is unlawfully
present in this county and is charged with a crime of the first through fourth
degree or any disorderly or petty disorderly persons offense involving the unlawful
manufacture, distribution, possession and use of controlled dangerous
substances, theft, robbery, or any other crime or offense resulting in the
arrest.� The purpose of the notification shall be to initiate deportation
proceedings.�
���� 2.��� Every sentencing court shall immediately contact
appropriate federal immigration authorities as defined in subsection a. of
section 1 of P.L.��� , c.�� (C.�� ) (pending before the Legislature as this
bill) to initiate deportation proceedings upon convicting a non-citizen who is
unlawfully present in this country and convicted of a crime of the first
through fourth degree or any disorderly or petty disorderly persons offense
involving the unlawful manufacture, distribution, possession and use of
controlled dangerous substances, theft, robbery, or any other crime or offense
resulting in the conviction.�
���� 3. �� a. �Convicted non-citizen� means a non-citizen
who is unlawfully present and convicted of a crime of the first through fourth
degree or any disorderly or petty disorderly offense involving the unlawful
manufacture, distribution, possession and use of controlled dangerous
substances, theft, robbery, or any other crime or offense resulting in the
detention.�
���� b.��� A correctional facility in which the convicted non-citizen
is held shall contact appropriate federal immigration authorities as defined in
subsection a. of section 1 of P.L.��� , c.�� (C.�� ) (pending before the
Legislature as this bill) for the purpose of initiating deportation
proceedings.� If the convicted non-citizen is not in the custody of a
correctional facility, the agency or official best suited to notify and
cooperate with federal immigration authorities with respect to the convicted non-citizen,
including, but not limited to, any parole or probation officer with a
supervisory role over the convicted non-citizen, shall provide notification.
���� 4.���
This act shall take effect immediately.�
STATEMENT
���� This bill requires every law
enforcement agency to notify the appropriate federal immigration authorities
when a
person who is arrested and
charged with any crime and certain offenses is a non-citizen who is unlawfully
present in this county.� The purpose of notifying federal immigration
authorities is to initiate deportation proceedings.� Under the bill, �federal immigration
authority� is defined as any officer, employee, or person otherwise paid by or
acting as an agent of United States Immigration and Customs Enforcement
or
United States Customs and Border Protection, or any division thereof, or any
officer, employee, or person otherwise paid by or acting as an agent of the
United States Department of Homeland Security who is charged with immigration
enforcement.
���� The bill also requires every sentencing court to
immediately contact appropriate federal immigration authorities in order to
initiate deportation proceedings upon convicting a non-citizen who is
unlawfully present in this country of certain crimes or offenses.�
���� Finally, correctional facilities in which the
convicted non-citizen is held would be required to contact appropriate federal
immigration authorities for the purpose of initiating deportation proceedings.�
Parole or probation officers with a supervisory role over a convicted
non-citizen also would be required to contact federal immigration authorities
for the purpose of initiating deportation proceedings.�
���� The crimes and offenses included under the bill that
would require notification are any crime of the first through fourth degree or
any disorderly or petty disorderly persons offense involving the unlawful
manufacture, distribution, possession and use of controlled dangerous
substances, theft, robbery, or any other crime or offense resulting in
detention.