Immigration (Detention)

This bill (A 3267) requires New Jersey law enforcement agencies and correctional facilities to refuse federal immigration detainer requests unless the person has been convicted of specific serious crimes, such as murder, sexual assault, domestic violence, or terrorism. It prohibits agencies from detaining, transferring, or notifying federal authorities about a person solely based on immigration requests unless one of these 21 offenses applies. The bill does not prevent agencies from sharing immigration status information with other government entities under existing federal law (8 U.S.C. 1373). It aligns with court rulings confirming states are not obligated to comply with immigration detainers and mirrors California’s "Trust Act" approach. The law takes effect immediately upon enactment.

This bill (S 1581) removes a current prohibition in New Jersey law that prevents state/local agencies and private detention facilities from entering agreements to detain noncitizens for immigration violations. It allows these entities to now form contracts, memorandums, or service agreements to house individuals detained for civil immigration matters. The bill amends prior law (P.L.2021, c.199) by deleting restrictions and repealing the existing ban. It directly affects New Jersey state/local governments, county sheriffs, municipalities, and privately operated detention facilities. The change takes effect immediately upon enactment but is currently pending in the Senate Judiciary Committee.

This bill (S 902) would allow New Jersey to enter a federal agreement enabling designated corrections officers to check an inmate’s immigration status *at the time of incarceration*. Specifically, these trained officers would investigate whether an inmate is a lawful U.S. resident and report findings to U.S. Immigration and Customs Enforcement (ICE) if the inmate’s presence is unauthorized under federal law. The agreement would outline required training, reporting protocols, and federal funding for the program. It directly affects inmates in New Jersey state and county correctional facilities and designated corrections officers who volunteer for this role.

New Jersey's S 851 requires correctional facilities (prisons, jails, youth detention centers) to verify the citizenship and legal immigration status of every inmate. If an inmate is not a U.S. citizen or cannot be confirmed as lawfully present, the facility must not release them - except to federal immigration officials - and must document this determination. Violations by facility staff could result in civil penalties set by the Corrections Commissioner. The bill directly affects non-citizen inmates and correctional facility operators, aiming to prevent releases into the general population for those unlawfully present in the U.S.