Codifies AG directive, "Strengthening Trust Between Law Enforcement and Immigrant Communities."

S3521

SENATE, No. 3521

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 12, 2026

Sponsored by:

Senator� BRITNEE N. TIMBERLAKE

District 34 (Essex)

Senator� GORDON M. JOHNSON

District 37 (Bergen)

Senator� RAJ MUKHERJI

District 32 (Hudson)

Co-Sponsored by:

Senators Greenstein, Cryan, Stack, Cruz-Perez, Zwicker,
McKnight, Diegnan and McKeon

SYNOPSIS

���� Codifies AG directive, �Strengthening Trust Between
Law Enforcement and Immigrant Communities.�

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning law enforcement and immigrant communities
and supplementing Title 52 of the Revised Statutes.

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

���� 1.��� The Legislature finds
and declares that:

���� a.���� There is a difference
between State, county, and municipal law enforcement authorities, who enforce
the criminal laws of this State, and federal immigration authorities, who
enforce federal civil immigration law.

���� b.��� The responsibility to
investigate violations of civil immigration law belongs to the federal
government.

���� c.���� It is not the role of
State, county, or municipal law enforcement to carry out federal civil
immigration enforcement.

���� d.��� The law enforcement
officers of New Jersey are sworn to protect the public by investigating
offenses in violation of the State�s criminal code, enforcing the State�s
criminal laws, and enhancing public safety.

���� e.���� The expectation that
the State�s law enforcement officers and agencies will perform tasks outside
their responsibility creates an unfair burden on them and the limited resources
of the State.�

���� f.���� If State, county, and
municipal law enforcement authorities were to participate in federal civil
immigration enforcement, beyond the instances required by law, it would
improperly blur the distinction between State and federal actors; perhaps more
significantly, it would undermine the public trust that law enforcement in this
State have worked to cultivate with the diverse communities they serve.

���� g.��� Individuals are less
likely to report a crime if they are fearful that the responding officer will
report them to federal immigration authorities.� This fear can impede the
ability of law enforcement to solve crimes and apprehend suspects, posing a
public safety risk to every resident of the State.

���� h.��� For these reasons, the
Legislature finds it fitting and proper to codify the Attorney General
Directive, �Strengthening Trust Between Law Enforcement and Immigrant
Communities.�

���� i.���� The Legislature notes
that nothing in the directive prohibits holding accountable any violator of New
Jersey�s criminal laws.

���� j.���� This directive
reaffirms the long-settled delegation of responsibility between federal and
State law enforcement entities and ensures the equitable division of labor
between the two.�

���� k.��� It is the intent of the
Legislature to further the State�s goals of efficacious and conscientious use
of limited law enforcement resources, and advancement of trust between New
Jersey�s law enforcement and the diverse communities to which they have devoted
their livelihoods and lives to protect by codifying the directive.

���� 2.��� As used in this act:

���� �Judicial warrant� means a
warrant based on probable cause and issued by a federal Article III judge or
magistrate, or the State equivalent, that authorizes federal immigration
authorities to search a location or apprehend a person who is the subject of the
warrant.

���� �Law enforcement agency� means
any instrumentality of the State or a county or municipal government employing
a law enforcement official.

���� �Law enforcement official�
means a person whose public duties include the power to act as an officer for
the detection, apprehension, arrest, and conviction of offenders against the
laws of this State.� The term includes a prosecutor or assistant prosecutor
employed by or appointed to a municipality, a county, or the State.

���� 3.��� a.�������� A law
enforcement officer shall not engage in conduct constituting
racially-influenced policing.� A law enforcement officer shall not consider a
person�s race or ethnicity as a factor in drawing an inference or conclusion
that the person may be involved in criminal activity or as a factor in
exercising police discretion as to how to stop or otherwise treat the person,
except when responding to a suspect-specific or investigation-specific �Be on
the Lookout� situation.�

���� b.��� Except as set forth in
subsections d. and f. of this section, a State, county, or municipal law
enforcement agency or officer shall not:

���� (1) stop, question, arrest,
search, or detain any individual based solely on actual or suspected
citizenship or immigration status or actual or suspected violations of federal
civil immigration law; or

���� (2) inquire about the
immigration status of any individual, unless it is necessary for an ongoing
investigation of an indictable offense by that individual and relevant to the
offense under investigation.

���� c.���� Except as set forth in
subsections d. and f. of this section, a State, county, or municipal law
enforcement agency or officer shall not provide the following assistance to
federal immigration authorities when the sole purpose is to enforce federal
civil immigration law:

���� (1) participate in civil
immigration enforcement operations;

���� (2) provide any non-public
personally identifying information regarding any individual.� This information
includes a social security number, credit card number, unlisted telephone
number, driver�s license number, vehicle license plate number, insurance policy
number, and active financial account number and may include the address,
telephone number, or email address for an individual�s home, work, or school,
if that information is not readily available to the public;

���� (3) provide access to any
State, county, or municipal law enforcement equipment, office space, database,
or property not available to the general public;

���� (4) provide access to a
detained individual for an interview, unless the detainee signs a written
consent form that explains the purpose of the interview, that the interview is
voluntary, that the individual may decline to be interviewed, and that the individual
may choose to be interviewed only with legal counsel present;

���� (5) provide notice of a
detained individual�s upcoming release from custody, unless the detainee:

���� (a) is currently charged with
or has ever been convicted of, adjudicated delinquent for, or found not guilty
by reason of insanity of a violent or serious offense.� A violent or serious
offense includes any first or second degree offense, as defined in N.J.S.2C:43-1;
any indictable domestic violence offense as defined by P.L.1991, c.261
(C.2C:25-19); domestic violence assault as defined by paragraph (2) of
subsection a. of P.L.1991, c.261(C.2C:25-19); assault pursuant to
N.J.S.2C:12-1; knowingly leaving the scene of a motor vehicle accident
resulting in serious bodily injury pursuant to section 2 of P.L.1997, c.111
(C.2C:12-1.1); stalking pursuant to section 1 of P.L.1992, c.209 (C.2C:12-10);
throwing bodily fluid at officers pursuant to section 2 of P.L.1997, c.182
(C.2C:12-13); criminal sexual contact pursuant to N.J.S.2C:14-3; exposing
genitals to minors under the age of 13 and other vulnerable populations
pursuant to subsection b. of N.J.S.2C:14-4; bias intimidation pursuant to
section 1 of P.L.2001, c.443 (C.2C:16-1); arson pursuant to N.J.S.2C:17-1;
causing widespread injury or damage pursuant to N.J.S.2C:17-2; burglary
pursuant to N.J.S.2C:18-2, and sections 1 and 2 of P.L.2024, c.83 (C.2C:18-2.1
and C.2C:18-2.2); endangering the welfare of children pursuant to
N.J.S.2C:24-4; witness tampering and retaliation pursuant to N.J.S.2C:28-5;
eluding a law enforcement officer pursuant to subsection b. of N.J.S.2C:29-2;
hindering apprehension or prosecution pursuant to paragraph (5) of subsection
a. of N.J.S.2C:29-3, paragraph (2) of subsection b. of N.J.S.2C:29-3, and
paragraph (3) of subsection b. of N.J.S.2C:29-3; criminal contempt pursuant to
N.J.S.2C:29-9; manufacture, transportation, or possession of weapons pursuant
to N.J.S.2C:39-3, N.J.S.2C:39-5, section 6 of P.L.1979, c.179 (C.2C:39-7), or
N.J.S.2C:39-9; aggravated hazing pursuant to subsection b. of section 1 of
P.L.1980, c.169 (C.2C:40-3); or any indictable offense under the law of another
jurisdiction that is the substantial equivalent to an offense described in this
subparagraph;

���� (b) has been convicted of an
indictable crime other than a violent or serious offense within the past five
years; or

���� (c) is subject to a Final
Order of Removal that has been signed by a federal judge and lodged with the
county jail or State prison where the detainee is being held; or

���� (6) continue the detention of
an individual past the time the individual would otherwise be eligible for
release from custody solely based on a civil immigration detainer request,
unless the detainee:

���� (a) is currently charged with
or has ever been convicted of, adjudicated delinquent, or found not guilty by
reason of insanity of a violent or serious offense as defined in subparagraph
(a) of paragraph (5) of this subsection;

���� (b) has been convicted of an
indictable crime other than a violent or serious offense in the past five
years; or

���� (c) is subject to a Final
Order of Removal that has been signed by a federal judge and lodged with the
county jail or State prison where the detainee is being held.�

���� Any detention pursuant to
paragraph (6) of this subsection shall not continue past 11:59 pm on the
calendar day on which the person would otherwise have been eligible for
release.

���� d.��� Nothing in subsections
b. or c. of this section shall be construed to restrict, prohibit, or in any
way prevent a State, county, or municipal law enforcement agency or official
from:

���� (1) enforcing the criminal
laws of this State;

���� (2) complying with all
applicable federal, State, and local laws;

���� (3) complying with a valid
judicial warrant or other court order or responding to any request authorized
by a valid judicial warrant or other court order;

���� (4) participating with federal
authorities in a joint law enforcement taskforce, the primary purpose of which
is unrelated to federal civil immigration enforcement;

���� (5) requesting proof of
identity from an individual during the course of an arrest or when legally
justified during an investigative stop or detention;

���� (6) asking an arrested
individual for information necessary to complete the required fields of a law
enforcement fingerprinting database, including information about the arrestee�s
place of birth and country of citizenship;

���� (7) inquiring about a person�s
place of birth on a correctional facility intake form and making risk-based
classification and assignments in the facility;

���� (8) providing federal
immigration authorities with information that is publicly available or readily
available to the public in the method the public can obtain it;

���� (9) when required by exigent
circumstances, providing federal immigration authorities with aid or
assistance, including access to non-public information, equipment, or
resources; or

���� (10) sending to, maintaining,
or receiving from federal immigration authorities information regarding the
citizenship or immigration status, lawful or unlawful, of any individual.

���� e.���� A State, county, or
municipal law enforcement authority shall not enter into, modify, renew, or
extend any agreement to exercise federal immigration authority pursuant to
Section 287(g) of the Immigration and Nationality Act, 8 U.S.C. s. 1357(g), and
shall not exercise any law enforcement authority pursuant to a preexisting
Section 287(g) agreement.

���� f.���� The provisions of this
section shall not apply to law enforcement agencies that currently are party to
an Intergovernmental Service Agreement to detain individuals for civil
immigration enforcement purposes when they are acting pursuant to an agreement.

���� 4.��� a.�������� Every State,
county, and municipal law enforcement agency shall establish procedures for
processing requests for T-visa certifications and U-visa certifications from
potential victims of crime or human trafficking within 120 days of the request
being made.� Each law enforcement agency shall publish information regarding
its procedures on its Internet website.� If the agency does not have an
Internet website, then the procedures shall be published on the municipality�s
Internet website, when feasible.

���� b.��� With regard to T-visa
certification requests, each law enforcement agency�s certification procedures
shall include a determination of whether, pursuant to the standards set forth
in federal law and instructions to the U.S. Citizenship and Immigration Services
Form I-914 Supplement B, the requester:

���� (1) is or has been a victim of
a severe form of trafficking in persons; and

���� (2) has complied with requests
for assistance in an investigation or prosecution of the crime of trafficking.

���� c.���� With regard to U-visa
certification requests, each law enforcement agency�s procedure shall include a
determination of whether, pursuant to the standards set forth in federal law
and instructions to the U.S. Citizenship and Immigration Services Form I-918
Supplement B, the applicant:

���� (1) is a victim of a
qualifying criminal activity; and

���� (2) was, is, or is likely to
be, helpful in the investigation or prosecution of that activity.

���� d.��� Notwithstanding the
provisions of section 3 this act, State, county, and municipal law enforcement
agencies and officials may ask any questions necessary to complete a T-visa
certification or a U-visa certification.� A law enforcement agency or official may
not disclose the immigration status of a person requesting a T-visa
certification or a U-visa certification, except to comply with State or federal
law or legal process, or if authorized by the visa applicant.�

���� e.���� Nothing in this section
shall be construed to restrict, prohibit, or prevent a State, county, or
municipal law enforcement agency or official from sending to, maintaining, or
receiving from federal immigration authorities information regarding the citizenship
or immigration status, lawful or unlawful, of any individual.

���� 5.��� a.�������� At a
defendant�s initial court appearance before a judge, the prosecutor shall
confirm that the defendant has been advised on the record that:

���� (1) potential charges and
convictions may carry immigration consequences; and

���� (2) the defendant may have
rights to consular notification pursuant to the Vienna Convention on Consular
Relations.

���� b.��� In assessing whether to
seek pretrial detention of an arrestee pursuant to sections 1 through 11 of
P.L.2014, c.31 (C.2A:162-15 through C.2A:162-25), the prosecutor shall make an
individualized assessment based on the specific facts presented in each case
and shall not assume that a non-citizen presents a risk of flight.

���� c.���� When evidence of a
defendant�s immigration status is not relevant to the crime charged or to a
witness�s credibility, it shall not be presented to a jury. In the case where
proof of a person�s immigration status is relevant and admissible at trial, the
prosecutor shall not seek to admit this evidence without first raising the
issue with the court outside of the jury�s presence, pursuant to N.J.R.E. 104,
and requesting that the court give an appropriate limiting instruction.

���� d.��� The prosecutor shall
consider potential collateral consequences in attempting to reach a just
resolution of the case.� Nothing in this act shall be construed to require any
particular charge or sentence, to limit prosecutorial discretion in reaching a
just resolution of the case, or to prevent the prosecutor from making any
argument at sentencing.

���� 6.��� a.� Every State, county,
and municipal law enforcement agency and official shall promptly notify a
detained individual, in writing and in a language the individual can
understand, when federal civil immigration authorities request:

���� (1) to interview the detainee;

���� (2) to be notified of the
detainee�s upcoming release from custody; or

���� (3) to continue detaining the
detainee past the time the detainee would otherwise be eligible for release.

���� b.��� When providing
notification, law enforcement officials shall provide the detainee with a copy
of any documents provided by immigration authorities in connection with the
request.

���� c.���� On an annual basis,
each State, county, and municipal law enforcement agency shall report, in a
manner to be prescribed by the Attorney General, any instances in which the
agency provided assistance to federal civil immigration authorities for the
purpose of enforcing federal civil immigration law as set forth in subsection
c. of section 3 of this act.� Each year:

���� (1) any municipal or county
law enforcement agency that provided assistance as set forth in subsection c.
of section 3 of this act during the prior calendar year shall submit a report
to the county prosecutor with details of the assistance provided;

���� (2) each county prosecutor
shall compile any reports submitted by municipal and county law enforcement
agencies pursuant to paragraph (1) of this subsection and submit a consolidated
report to the Attorney General with details of the assistance provided;

���� (3) the New Jersey State
Police and all other State law enforcement agencies that provided assistance as
set forth in subsection c. of section 3 of this act during the prior calendar
year shall submit a report to the Attorney General with details of the assistance
provided; and

���� (4) the Attorney General shall
publish on the Internet website of the Department of Law and Public Safety a
consolidated report detailing all instances of assistance by any State, county,
and municipal law enforcement agency, as submitted pursuant to paragraphs (2)
and (3) of this subsection, during the prior calendar year.

���� 7.��� a.� The Division of
Criminal Justice in the Department of Law and Public Safety shall develop a
training program for the purpose of educating State, county, and municipal law
enforcement officers regarding the requirements of this act. �No later than 60
days following the effective date of this act, the program shall be made
available to each State, county, and municipal law enforcement agency through
electronic means.

���� b.��� Every State, county, and
municipal law enforcement officer shall successfully complete the training
program established pursuant to subsection a. of this section no later than 60
days after it becomes available.

���� c.���� Every State, county,
and municipal law enforcement agency shall adopt or revise existing policies
and practices consistent with the provisions of this act.

���� d.��� Every county prosecutor
shall undertake efforts to educate the public about the provisions of this act,
with a specific focus on strengthening trust between law enforcement and
immigrant communities.� Within 120 days of the effective date of this act each
county prosecutor shall report to the Attorney General on public education
efforts.

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

STATEMENT

���� This bill codifies the
Attorney General directive �Strengthening Trust Between Law Enforcement and
Immigrant Communities.

���� Under the bill, a law
enforcement officer is prohibited from engaging in conduct constituting
racially-influenced policing.� In addition, with certain exceptions, a State,
county or municipal law enforcement agency or officer is prohibited from: 1)
stopping, questioning, arresting, searching, or detaining any individual based
solely on actual or suspected citizenship or immigration status or actual or
suspected violations of federal civil immigration law; or 2) inquiring about
the immigration status of any individual, unless it is necessary for an ongoing
investigation of an indictable offense by that individual and relevant to the
offense under investigation.

���� In addition, with certain
exceptions, the bill prohibits a State, county, or municipal law enforcement
agency or officer from providing certain types of assistance to federal
immigration authorities when the sole purpose is to enforce federal civil immigration
law.

���� Further, the bill prohibits a
State, county, or municipal law enforcement authority from entering into,
modifying, renewing, or extending any agreement to exercise federal immigration
authority pursuant to Section 287(g) of the Immigration and Nationality Act and
from exercising any law enforcement authority pursuant to a preexisting section
287(g) agreement.

���� Under the bill, every State,
county, and municipal law enforcement agency is required to establish
procedures, which are required to include certain determinations, for
processing requests for T-visa certifications and U-visa certifications from
potential victims of crime or human trafficking within 120 days of the request
being made.� Each police department is required to post information regarding
its procedures on its Internet website, or if the department does not have an
Internet website, on the municipality�s Internet website, if feasible.

���� In addition, the bill provides
that at a defendant�s initial court appearance before a judge, the prosecutor
is to confirm that the defendant has been advised on the record that potential
charges and convictions may carry immigration consequences and the defendant
may have rights to consular notification pursuant to the Vienna Convention on
Consular Relations.�

���� Under the bill, in assessing
whether to seek pretrial detention of an arrestee under current law, the
prosecutor is to make an individualized assessment based on the specific facts
presented in each case and is not to assume that a non-citizen presents a risk
of flight.� When evidence of the defendant�s immigration status is not relevant
to the crime charged or to a witness�s credibility, it is not to be presented
to the jury.� In the case where it is relevant and admissible at trial, the
prosecutor is not to seek to admit the evidence without first raising the issue
with the court outside of the jury�s presence and requesting that the court
give an appropriate limiting instruction.

���� Further, the bill requires
every State, county, and municipal law enforcement agency and official to
notify a detained individual, in writing and in a language the individual can
understand, when federal civil immigration authorities request to interview the
detainee, to be notified of the detainee�s upcoming release from custody, or to
continue detaining the detainee past the time the detainee would otherwise be
eligible for release.

���� Also, under the bill, on an
annual basis, each State, county, and municipal law enforcement agency is
required to report, in a manner prescribed by the Attorney General, any
instances in which the agency provided assistance to federal civil immigration
authorities for the purpose of enforcing federal civil immigration law.�
Municipal and county law enforcement agencies are required to submit a report
to the county prosecutor, who is then required to submit a consolidated report
to the Attorney General.� The New Jersey State Police and all other State law
enforcement agencies are required to submit the report to the Attorney
General.�� The Attorney General is to post online a consolidated report
detailing all instances of assistance by State, county, and municipal law
enforcement agencies.

���� Finally, the bill requires the
Division of Criminal Justice to develop a training program to explain the
requirements of the bill and requires all State, county, and municipal law
enforcement agencies to provide training to all officers.