Immigration (Detention)

This bill imposes three new fees on private prison operators in New Jersey. Operators with government contracts must pay 8% of the contract value annually, while all operators must pay $15 per inmate per day detained at their facility. Non-S corporation operators must also pay a 3% surtax on their taxable income. Revenue from these fees will fund two programs: legal services for detained and deported individuals, and community initiatives including food security, housing, job training, and youth mentorship.

This bill imposes a 50% tax on gross receipts from contracts between private companies and public entities for operating carceral facilities in New Jersey (e.g., private jails or detention centers). It directly affects private businesses running such facilities, requiring them to pay the tax annually based on their prior year’s revenue from these contracts. All tax revenue must be deposited into a new "Immigrant Protection Fund," which the state will use exclusively to fund immigration-related services. The fund is non-lapsing, meaning money stays available for future appropriations without annual renewal.

S 3616 would impose a 50% tax on the annual revenue earned by private companies operating facilities that detain individuals for legal violations (such as immigration or criminal offenses) under contracts with government entities. The tax applies to all money received from these public contracts, calculated as 50% of gross receipts, starting January 1, 2027. All tax revenue would be deposited into a new "Immigrant Protection Fund" managed by the state Treasury. This fund must be used annually to support immigration-related services in New Jersey, including legal assistance and community programs for immigrants.

This bill prohibits New Jersey state and local governments (including counties and municipalities) from using public funds or property to support immigrant detention facilities. Specifically, it bans state/local spending on constructing, renovating, or leasing public property for detention, paying private facility costs, or covering detention expenses for privately-owned facilities. The law allows public health and safety resources for detained individuals but does not affect existing detention operations. It directly affects state/local budgets and property decisions related to immigration enforcement. The bill takes effect immediately upon enactment.

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.