Bill > S3672

Introduced Session

This bill creates a uniform code for State and local government entities, as well as health care facilities, regarding the use of resources to aid federal immigration law enforcement, and designates the "New Jersey Immigrant Trust Act." Under the bill, the definition of government entities includes any of the principal departments of the executive branch of State government and any parts or creations thereof, any independent State authority, commission, instrumentality or agency, including any public institution of higher education. The bill's definition also includes political subdivisions of the State and combinations of political subdivisions, independent authorities, commissions, instrumentalities and agencies created by a political subdivision or combination of political subdivisions. Under the bill, government entities and healthcare facilities are prohibited from collecting certain personal and identifying information unless it is strictly necessary for program or service administration. Any record resulting from that collection, whether written or oral, would not be a government record under the "Open Public Records Act" unless an election agency requires it to ascertain the eligibility of a candidate when citizenship is required for an elected office. Any record also shall not be disclosed except as required to administer benefits or services pursuant to State or federal law, or valid court order or warrant, issued by a federal Article III judge or magistrate or the State equivalent. The bill provides that the prohibition on sharing information may be waived if the subject of the record or information provides written consent in that person's preferred language. The written consent shall include the following: (1) the exact record or information to be shared; (2) the purpose for sharing the record or information; (3) a statement clarifying that consent is voluntary and declining to consent shall not result in discrimination or retaliation by the government entity; (4) a statement clarifying that consent may be revoked, but that revocation does not impact a record or information already shared via prior written consent provided pursuant to this section; and (5) the person or agency to receive the record or information. The bill requires government entities to review their confidentiality policies, guidance and recommendations to identify any changes necessary to ensure compliance with the provisions of the bill and make any changes as expeditiously as possible, but no later than one year after the bill becomes effective. The bill also requires these entities to share their policies prominently on their Internet websites. This bill also requires the Attorney General, in consultation with the Public Defender, to prepare a written notice explaining in plain language the provisions of section 6 of the bill. Section 6 of the bill details the prohibition of certain actions by law enforcement. The bill requires the notice and all translations to be posted to the Internet website of the Department of Law and Public Safety and to be considered vital documents pursuant to P.L.2023, c.263 (C.52:14-40 et seq.). The Attorney General is also required to consult with stakeholders serving or representing immigrant communities in the development of standardized training and guidance for law enforcement to comply with the bill's provisions. The AG also shall provide mandatory training to all State, county and local law enforcement agencies within one year of the bill's effective date. Any newly sworn officer is required to complete this training within a year of the officer's appointment. The Department of Human Services is required to consult with stakeholders serving or representing immigrant communities to develop and lead a multilingual campaign to promote public awareness of the bill's requirements for law enforcement agencies. As part of the awareness campaign, DHS is required to publish the text of section 6 of the bill's provisions and a plain language summary and explanation of those requirements on its Internet website within 180 days of the bill's enactment. . Under the bill, the Attorney General is also required to consult with other government entities and stakeholders in the development of model policies for sensitive locations. These locations include health care facilities, public schools, public libraries, shelters, and any other locations deemed appropriate by the Attorney General to ensure that eligible individuals are not deterred from seeking services or engaging with government entities. The model policies prohibit the request or collection of certain information regarding a person's immigration status, place of birth or taxpayer identification except to determine eligibility for services or program benefits. The model policies prohibit assistance or participation of immigration enforcement, and prohibit the permission of immigration enforcement on entity premises that are not open without restriction to the general public. The Attorney General is required to publish the model policies on the Internet website of the Department of Law and Public Safety. The bill requires government entities with authority to regulate sensitive places to adopt the model policies within 180 days of issuance by the Attorney General's office and encourages facilities not regulated by government entities to adopt the policies. The bill prohibits certain actions by law enforcement. Specifically, State, county, and municipal law enforcement agencies and officials shall not: (1) stop, question, arrest, search, or detain any individual based on actual or suspected citizenship or immigration status, or actual or suspected violations of federal civil immigration law; (2) inquire about an individual's immigration status, citizenship, place of birth, or eligibility for a social security number; (3) make an arrest, detain, or prolong the detention of an individual based on civil immigration warrants; (4) use agency or department moneys, facilities, property, equipment, or personnel to investigate, enforce, or assist in the investigation or enforcement of any federal program requiring registration of individuals on the basis of race, gender, sexual orientation, religion, immigration status, citizenship, or national or ethnic origin; or (5) make agency or department databases available to anyone or any entity for the purpose of immigration enforcement or investigation or enforcement of any federal program requiring registration of individuals on the basis of race, gender, sexual orientation, religion, immigration status, citizenship, or national or ethnic origin. The bill nullifies any agreement, policy or practice in place that permits in conflict with this clause. Law enforcement agencies in the State are also prohibited from: (1) participating in civil immigration enforcement operations; (2) providing to federal immigration authorities any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular person; (3) providing access to any State, county, or municipal law enforcement equipment, office space, database, or property; (4) providing access to a detained individual for an interview; (5) facilitating or complying with immigration detainers, notification requests, and transfer requests from federal immigration authorities; (6) continuing to detain a person past the time the person would otherwise be eligible for release from custody based solely on an immigration detainer or civil immigration warrant; (7) entering into, modifying, renewing, or extending any agreement to exercise federal immigration authority or conduct immigration enforcement pursuant to section 287(g) of Title 8 of the Immigration and Nationality Act, 8 U.S.C. §1357(g), or otherwise exercising federal civil immigration authority or conducting immigration enforcement outside of the purview of 287(g) of Title 8 of the Immigration and Nationality Act, 8 U.S.C. §1357(g); or (8) providing or sharing funds, property, equipment, personnel, or access to facilities or real property not open to the general public for purposes of engaging in, assisting, supporting, or facilitating immigration enforcement. The bill provides that violations of the prohibitions on police conduct in the bill would be enforceable under the "New Jersey Civil Rights Act," P.L.2004, c.143. If an agency or law enforcement official intends to comply with an immigration detainer, notification request, civil immigration warrant, or transfer request concerning a person in custody, a written explanation specifying the legal basis for that action is required to be given to the person is custody. Lastly, the bill requires each State, county, and municipal law enforcement agency to submit to the Attorney General a report that includes: (1) the number of detainer requests, transfer requests, and notification requests made by immigration authorities, and the responses of the State, county, or municipal law enforcement agency. For any request that was granted, the report shall specify any legal basis for granting that request; (2) the number of interviews requested and the number of interviews conducted, either in person or telephonically, by immigration authorities of people in State, county, or municipal law enforcement custody. For each interview conducted, the report shall specify any legal basis for granting the interview; (3) any other requests made by immigration authorities for the agency's participation in immigration enforcement, the responses of the State, county, or municipal law enforcement agency, and the legal basis for granting the request; and (4) to the extent the law enforcement agency has knowledge, any information about State, county, and municipal databases to which immigration authorities have had access to at any time in the course of the year, including: the name of the database; an overview of information available on the database; the purpose for which immigration authorities have access to this database; the process through which immigration authorities requested access and agencies reviewed this request, if applicable; any legal basis for providing immigration authorities access to the database; and the frequency with which immigration authorities accessed the database over the course of the year. Law enforcement agencies have 180 days after the effective date of the bill to produce the first report and must then annually submit a report within 30 days of the end of the State's fiscal year. The Attorney General is initially required to publish the report on the office's website within 90 days of receipt, and then within 90 days of the end of the fiscal year thereafter. The Attorney General is also required to annually submit to the Governor and Legislature a report on each law enforcement agency's compliance with the provisions of this act.

Committee Categories

Gordon Johnson (D)*,  Brian Stack (D)*,  Renee Burgess (D),  Nilsa Cruz-Perez (D),  Joe Cryan (D),  Patrick Diegnan (D),  Linda Greenstein (D),  John McKeon (D),  Angela Mcknight (D),  Raj Mukherji (D),  Nellie Pou (D),  Teresa Ruiz (D),  Troy Singleton (D),  Bob Smith (D),  Britnee Timberlake (D),  Benjie Wimberly (D),  Andrew Zwicker (D), 

Introduced in the Senate, Referred to Senate Judiciary Committee (on 09/30/2024)

Official Document