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A4911
ASSEMBLY, No. 4911
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED MAY 7, 2026
Sponsored by:
Assemblyman� BALVIR SINGH
District 7 (Burlington)
SYNOPSIS
���� Establishes protections for immigrant students and
their families.
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
concerning immigration enforcement in public schools
and supplementing chapter 38 of Title 18A of the New Jersey Statutes.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� 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.
���� �Governing body� means the
board of education of a school district, a board of trustees of a charter
school, or a board of trustees of a renaissance school project.
���� �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.
���� �Public school� means a school
located in the State, under collegiate grade, which derives its support
entirely or in part from public funds and is operated by the governing body of
a school district, charter school, or renaissance school project.
���� 2.��� a.� The Commissioner of
Education, in consultation with the Attorney General, shall prepare a model
policy concerning the responsibilities of a public school, or employee thereof,
when interacting with federal immigration authorities or in connection with an
immigration enforcement action.�
���� b.��� The model policy shall,
at a minimum and in accordance with federal and State law, prohibit a public
school, or employee thereof, from:
���� (1)�� maintaining, using, or
disclosing any student record or personal information concerning the
immigration status or place of birth of a student or a student�s parent or
guardian;
���� (2)�� facilitating, through
use of public school moneys, facilities, property, equipment, or personnel, an
investigation into the immigration status or place of birth of a student or a
student�s parent or guardian;
���� (3)�� permitting federal
immigration authorities into areas of school property not open to the general
public;
���� (4)�� participating in civil
immigration enforcement operations;
���� (5)�� providing access to an
employee, student, or parent or guardian of a student for an interview; and
���� (6)�� facilitating or
complying with civil immigration warrants and other requests from federal
immigration authorities.
���� c.���� The commissioner shall
publish the model policy on the Department of Education�s Internet website and
provide a copy of the model policy to the governing body of each public school
in the State within 90 days of the effective date of this act.
���� d.��� The governing body of a
public school shall adopt the model policy prepared by the commissioner
pursuant to subsection a. of this section within 180 days of the effective date
of this act.� The governing body of a public school that maintains a policy
concerning school or employee interaction or involvement with federal
immigration authorities and immigration enforcement actions as of the date of
enactment of this act may submit a request to the commissioner for an exemption
to the provisions of this subsection, provided the policy offers substantially
similar protections as the policy developed by the commissioner pursuant to
this section.
���� e.���� Nothing in this section
shall prevent any public school 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.
���� f.���� 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.
���� 3.��� This act shall take
effect immediately.
STATEMENT
���� This bill establishes
protections for immigrant students and their families.� Under the bill, the
Commissioner of Education, in consultation with the Attorney General, is
required to prepare a model policy concerning the responsibilities of a public
school, or public school employee, when interacting with federal immigration
authorities or in connection with an immigration enforcement action.�
���� The model policy would, at a
minimum and in accordance with federal and State law, prohibit a public school,
or public school employee, from:
�
maintaining,
using, or disclosing any student record or personal information concerning the
immigration status or place of birth of a student or a student�s parent or
guardian;
�
facilitating,
through the use of public school moneys, facilities, property, equipment, or
personnel, an investigation into the immigration status or place of birth of a
student or a student�s parent or guardian;
�
permitting
federal immigration authorities into areas of school property not open to the
general public;
�
participating
in civil immigration enforcement operations;
�
providing
access to an employee, student, or parent or guardian of a student for an
interview; and
�
facilitating or
complying with civil immigration warrants and other requests from federal
immigration authorities.
���� Under the bill, the
commissioner is required to publish the model policy on the Department of
Education�s Internet website and provide a copy of the model policy to the
governing body of each public school in the State within 90 days of the bill�s
effective date.� The governing body of a public school is then required to
adopt the model policy prepared by the commissioner within 180 days of the
bill�s effective date.� The bill permits the governing body of a public school
that maintains a policy concerning school or employee interaction or
involvement with federal immigration authorities and immigration enforcement
actions as of the date of the enactment of the bill to submit a request to the
commissioner for an exemption to the model policy requirement, provided the
policy offers substantially similar protections as the policy developed by the
commissioner.
���� The bill provides that nothing
in the bill is to prevent any public school 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.� Finally, the bill also provides
that nothing in the bill would be construed to prohibit, or in any way
restrict, any action where the prohibition or restriction would be contrary to
federal law.