Establishes "Fight Unlawful Conduct and Keep Individuals and Communities Empowered Act"; permits civil action for violations of US Constitution related to immigration enforcement.

A4446

ASSEMBLY, No. 4446

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 24, 2026

Sponsored by:

Assemblywoman� KATIE BRENNAN

District 32 (Hudson)

Assemblyman� RAVI S. BHALLA

District 32 (Hudson)

SYNOPSIS

���� Establishes �Fight Unlawful Conduct and Keep
Individuals and Communities Empowered Act�; permits civil action for violations
of US Constitution related to immigration enforcement.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act

concerning civil actions for certain
constitutional violations and supplementing Title 10 of the Revised Statutes.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� This act shall be known
and may be cited as the �Fight Unlawful Conduct and Keep Individuals and
Communities Empowered Act.��

���� 2.��� As used in this act:

���� �Body worn camera� shall have
the same meaning as set forth in section 1 of P.L.2020, c.129
(C.40A:14-118.5).�

���� �Crowd control equipment�
means equipment that shall include, but is not limited to, kinetic impact
projectiles; compressed air launchers, such as the FN303; pneumatic projectile
launchers; oleoresin capsicum spray, CS gas, CN gas, or other chemical irritants;
40 millimeter munitions launchers; less-lethal shotguns; less-lethal specialty
impact-chemical munitions; controlled noise and light distraction devices; and
electronic control weapons.�

���� �Facial covering� means any
opaque mask, garment, helmet, headgear, or other item that conceals or obscures
the facial identity of a person including, but not limited to, a balaclava,
tactical mask, gaiter mask, ski mask, or any similar type of facial covering or
face-shielding item, but �facial covering shall not include a medical grade
mask designed to prevent the transmission of diseases; a facial covering
designed to protect against exposure to smoke during a declared state of
emergency related to wildfires; or protective gear used by Special Weapons and
Tactics (SWAT) team officers necessary to protect from harm while performing
SWAT responsibilities.�

���� �Prevailing party� means any
person, on a claim brought pursuant to this act:

���� a.��� who obtains some or all
of the relief sought through a judgment rendered by the court;

���� b.��� who obtains some or all
of the relief sought through any settlement agreement approved by the court; or

���� c.��� whose nonfrivolous claim
was a catalyst for a unilateral change in position by the opposing party
relative to the relief sought.�

���� 3.��� a.� Any person may bring
a civil action against a person who, while conducting civil immigration
enforcement, knowingly engages in conduct that violates the Constitution of the
United States.�

���� b.��� Any person who prevails
on a claim brought pursuant to this section shall be entitled to monetary
damages including, but not limited to, punitive damages and damages for
psychological or physical harm, reasonable attorney�s fees and costs, and any
equitable and declaratory relief available under law, notwithstanding that the
person may have a claim pursuant to any other statute or common law cause of
action.�

���� c.��� When considering an
award of punitive damages against a person who committed a violation of
subsection a. of this section while acting under color of federal, New Jersey,
or other state law, the following factors shall be considered in determining
the reprehensibility of the person�s conduct at the time of the violation:

���� (1)� whether the person wore a
facial covering;

���� (2)� whether the person was a
law enforcement officer who failed to identify or disclose the person�s
identity as a law enforcement officer either verbally or by wearing identifying
insignia, such as a badge, agency logo, or patch, or by providing the person�s
name, badge or identification number, and employing agency or department;

���� (3)� whether the person was a
law enforcement officer who was required by State or federal law or regulation,
or agency policy to wear and use a body-worn camera but failed to do so;

���� (4)� whether the person was
operating or using a motor vehicle without a license plate or with an
out-of-State license plate;

���� (5)� whether the person used
crowd control equipment; or

���� (6) whether the person
intentionally violated or failed to comply with any material term or condition
of a court order or consent decree that was issued by a court, that was in
effect at the time of the violation of this act, that applied to the person acting
under color of law, and that was issued or entered into in part to address or
prevent future violations of this act relating to the person�s conduct.�

���� d.��� Qualified immunity shall
be a defense to liability under this act.�

���� 4.��� This act shall take
effect immediately.

STATEMENT

���� This bill establishes the
�Fight Unlawful Conduct and Keep Individuals and Communities Empowered Act,�
which permits civil actions for certain constitutional violations related to
immigration enforcement.�

���� Under the bill, any person may
bring a civil action against a person who, while conducting civil immigration
enforcement, knowingly engages in conduct that violates the Constitution of the
United States.�

���� A person who prevails on a
claim brought pursuant to the bill�s provisions is to be entitled to monetary
damages including, but not limited to, punitive damages and damages for
psychological or physical harm, reasonable attorney�s fees and costs, and any
equitable and declaratory relief available under law, notwithstanding that the
person may have a claim pursuant to any other statute or common law cause of
action.�

���� When considering an award of
punitive damages against a person who committed a violation while acting under
color of law, the bill provides that the following factors are to be considered
in determining the reprehensibility of the person�s conduct at the time of the
violation:

�

whether the person wore a facial covering;

�

whether the person was a law enforcement officer who failed to
disclose their identity as a law enforcement officer either verbally or by
wearing identifying insignia;

�

whether the person was a law enforcement officer who was required
to wear and use a body-worn camera but failed to do so;

�

whether the person was using a motor vehicle without a license
plate or with an out-of-State license plate;

�

whether the person used crowd control equipment at the time of
the violation; or

�

whether the person intentionally violated or failed to comply
with any material term or condition of a court order or consent decree that was
issued by a court, that was in effect at the time of the violation, that
applied to the person acting under color of law, and that was issued or entered
into in part to address or prevent future violations of this act relating to
the person�s conduct.�

���� Under the bill, qualified
immunity is a defense to liability.�