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NJ A5287

NJ A5287
"Imprisoning Illegal Aliens Act;" allows State and local entities and private detention facilities to enter into agreements to detain noncitizens.


summary

Introduced
02/10/2025
In Committee
02/10/2025
Crossed Over
Passed
Dead
01/12/2026

Introduced Session

2024-2025 Regular Session

Bill Summary

This bill, to be known as the "Imprisoning Illegal Aliens Act," would allow State and local entities and private detention facilities to enter into agreements to detain noncitizens. Current law prohibits the State, local government agencies, and private detention facilities operating in this State from entering into, renewing, or extending immigration detention agreements. Under current law, an immigration detention agreement is any contract, agreement, intergovernmental service agreement, or memorandum of understating that authorizes the State, a local government agency, or private detention facility to house or detain individuals for civil immigration violations. In the sponsor's view, this bill is essential for supporting the United States Congress' bipartisan efforts for the likely enactment of the Laken Riley Act which passed the United States Senate on January 20, 2025. The Laken Riley Act would require federal law enforcement to detain undocumented immigrants charged with nonviolent crimes. The sponsor also adds that the prohibition against immigration detention agreements in New Jersey has deprived the State, local government agencies, and private facilities from revenues generated from housing or detaining individuals for civil immigration violations.

AI Summary

This bill, known as the "Imprisoning Illegal Aliens Act," proposes to modify existing New Jersey law by allowing state, local government agencies, and private detention facilities to enter into, renew, or extend immigration detention agreements, reversing a previous prohibition. The bill changes the legislative findings to reframe detention centers as providing a "valuable service" of facilitating deportations, instead of previously highlighting concerns about poor conditions and human rights. Key definitions are maintained, including defining an "immigration detention agreement" as any contract authorizing the housing or detention of individuals for civil immigration violations. The bill shifts the language from "shall not" to "may" when discussing the ability to enter into such agreements, effectively lifting the prior restrictions. An important caveat in the bill states that nothing in the law should prohibit actions that would be contrary to federal law, the U.S. Constitution, or the New Jersey Constitution. The sponsor suggests this change will support potential federal legislation like the Laken Riley Act and allow state and local entities to generate revenue from housing or detaining individuals for civil immigration violations. The bill would take effect immediately upon enactment.

Committee Categories

Government Affairs

Sponsors (6)

Last Action

Introduced, Referred to Assembly Oversight, Reform and Federal Relations Committee (on 02/10/2025)

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