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  • NJ A4611
  • Limits immigration enforcement in courthouses, healthcare providers, shelters, and public schools; prohibits law enforcement agencies from implementing federal immigration law.
Introduced
(2/27/2017)
In Committee
(2/27/2017)
Crossed OverPassedSignedDead/Failed/Vetoed
2016-2017 Regular Session
This bill ensures that courthouses, healthcare providers, shelters, and public schools remain safe and accessible to all New Jersey residents, regardless of immigration status. In addition, the bill prohibits State law enforcement and other government entities from enforcing federal immigration law and sharing immigration status information with federal immigration authorities. Under the bill, State, county, and municipal law enforcement agencies, campus police departments, and State and county correctional facilities would be prohibited from using moneys, facilities, property, equipment, or personnel to investigate, interrogate, detain, detect, or arrest persons for immigration enforcement purposes. Specifically, the bill prohibits these law enforcement agencies from: (1) inquiring into or collecting information about an individual's immigration status; (2) detaining an individual on the basis of a federal detainer request; (3) responding to detainer requests, notification requests, or transfer requests; (4) providing or responding to requests for personal information about an individual that is not publicly available, including, but not limited to, information about the person's home address or work address for immigration enforcement purposes; (5) making arrests based on civil immigration warrants; (6) giving federal immigration authorities access to interview individuals in agency or department custody for immigration enforcement purposes; (7) assisting federal immigration authorities in the activities described in 8 U.S.C. 1357(a)(3); or (8) performing the functions of an immigration officer, pursuant to 8 U.S.C 1357(g) or any other law, regulation, or policy, whether formal or informal. The bill also prohibits State, county, and municipal law enforcement agencies, campus police departments, and State and county correctional facilities from providing federal immigration authorities with immigration status information maintained in law enforcement databases. A person or entity provided access to law enforcement databases would be required to certify in writing that the database is not to be used for immigration enforcement. In addition, the bill prohibits law enforcement and corrections officers from being placed under the supervision of federal agencies or deputized as special federal officers or special federal deputies. However, the bill clarifies that a law enforcement agency may transfer an individual to federal immigration authorities on the basis of a criminal warrant. A law enforcement agency also may respond to a request from federal immigration authorities for information about a specific person's criminal arrests or convictions. The bill also requires the Attorney General to promulgate guidelines to be adopted by all departments of State government which would prohibit immigration status information stored in databases from being available to federal immigration authorities or any other entity for the purpose of federal immigration enforcement. The guidelines also would limit immigration enforcement to the fullest extent possible on the premises of courthouses, healthcare providers, shelters, and public schools to ensure that these entities remain safe and accessible to all New Jersey residents, regardless of immigration status. All other organizations and entities that provide services related to physical or mental health and wellness, education, or access to justice are to be encouraged to adopt the guidelines. Finally, the bill specifically requires the Commissioner of Education to establish guidelines to prohibit immigration status information stored in public school databases from being available to federal immigration authorities or any other entity for the purpose of federal immigration enforcement. The Commissioner of Health also would be required to establish guidelines prohibiting health care facilities from sharing immigration status information with federal immigration authorities or any other entity for the purpose of federal immigration enforcement. Within six months of the bill's effective date, public schools and healthcare facilities would be required to review their confidentiality policies and identify any changes necessary to ensure that information is not used for the purpose of federal immigration enforcement.
Law and Public Safety
Introduced, Referred to Assembly Law and Public Safety Committee  (on 2/27/2017)
 
 

Date Chamber Action Description
2/27/2017 A Introduced, Referred to Assembly Law and Public Safety Committee
Date Motion Yea Nay Other
None specified