Signed by Governor Mikie Sherrill

Vote Smart's Synopsis:

Vote to pass a bill that establishes legal separation between state and local law enforcement and federal immigration enforcement personnel, and prohibits certain collaboration in New Jersey.

Highlights:

• Prohibits a law enforcement officer from engaging in racially-influenced policing (Sec. 3).

• Prohibits a state, county, or municipal law enforcement agency or officer from (Sec. 3):

• Stopping, questioning, arresting, searching, or detaining any individual based solely on actual or suspected citizenship or immigration status;

• Inquiring about the immigration status of any individual, unless it is necessary for a relevant indictable offense by that individual;

• Providing assistance to federal immigration authorities to enforce federal civil immigration law by;

• Participating in civil immigration enforcement operations;

• Providing any non-public personal information regarding any individual;

• Providing access to any equipment, office space, database, or property not available to the general public;

• Providing access to a detained individual for an interview without a written consent form;

• Providing notice of a detained individual’s upcoming release from custody, unless the detainee is charged with certain violent or serious offences; or

• Continuing the detention of an individual past the time they would have been eligible for release based on a civil immigration detainer request, unless the detainee is charged with certain violent or serious offences.

• Specifies that the provisions of this section do not apply to law enforcement agencies with existing Intergovernmental Service Agreements to detain individuals for civil immigration enforcement (Sec. 3).

• Requires each state, county, and municipal law enforcement agency to establish procedures for processing requests for T-visa certifications and U-visa certifications from potential victims of crime or human trafficking within 120 days of request (Sec. 4).

• Prohibits a law enforcement agency from disclosing the immigration status of an individual requesting a T-visa or U-visa certification, except to comply with state or federal law or if authorized by the visa applicant (Sec. 4).

• Establishes the following requirements for prosecutors (Sec. 5):

• They must confirm that a defendant has been advised that potential charges and convictions may carry immigration consequences;

• They must confirm that a defendant has been advised that they may have rights to consular notification;

• They must make an individualized assessment for each case in assessing pretrial detention, and not assume that a non-citizen presents a risk of flight;

• They must not present evidence of a defendant’s immigration status when it is not relevant to the crime charged or to a witness’s credibility; and

• They must consider potential collateral consequences in attempting to reach a just resolution of a case.

• Requires each state, county, and municipal law enforcement agency and official to notify a detained individual when a federal civil immigration authority requests to interview the detainee, be notified of the detainee’s upcoming release, or continue detainment past the time of eligible release (Sec. 6).

• Requires the Division of Criminal Justice in the Department of Law and Public Safety to develop a training program to educate state, county, and municipal law enforcement officers regarding the requirements of this Act (Sec. 7).

• Specifies that this Act takes effect immediately upon passage (Sec. 8).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that establishes legal separation between state and local law enforcement and federal immigration enforcement personnel, and prohibits certain collaboration in New Jersey.

Highlights:

• Prohibits a law enforcement officer from engaging in racially-influenced policing (Sec. 3).

• Prohibits a state, county, or municipal law enforcement agency or officer from (Sec. 3):

• Stopping, questioning, arresting, searching, or detaining any individual based solely on actual or suspected citizenship or immigration status;

• Inquiring about the immigration status of any individual, unless it is necessary for a relevant indictable offense by that individual;

• Providing assistance to federal immigration authorities to enforce federal civil immigration law by;

• Participating in civil immigration enforcement operations;

• Providing any non-public personal information regarding any individual;

• Providing access to any equipment, office space, database, or property not available to the general public;

• Providing access to a detained individual for an interview without a written consent form;

• Providing notice of a detained individual’s upcoming release from custody, unless the detainee is charged with certain violent or serious offences; or

• Continuing the detention of an individual past the time they would have been eligible for release based on a civil immigration detainer request, unless the detainee is charged with certain violent or serious offences.

• Specifies that the provisions of this section do not apply to law enforcement agencies with existing Intergovernmental Service Agreements to detain individuals for civil immigration enforcement (Sec. 3).

• Requires each state, county, and municipal law enforcement agency to establish procedures for processing requests for T-visa certifications and U-visa certifications from potential victims of crime or human trafficking within 120 days of request (Sec. 4).

• Prohibits a law enforcement agency from disclosing the immigration status of an individual requesting a T-visa or U-visa certification, except to comply with state or federal law or if authorized by the visa applicant (Sec. 4).

• Establishes the following requirements for prosecutors (Sec. 5):

• They must confirm that a defendant has been advised that potential charges and convictions may carry immigration consequences;

• They must confirm that a defendant has been advised that they may have rights to consular notification;

• They must make an individualized assessment for each case in assessing pretrial detention, and not assume that a non-citizen presents a risk of flight;

• They must not present evidence of a defendant’s immigration status when it is not relevant to the crime charged or to a witness’s credibility; and

• They must consider potential collateral consequences in attempting to reach a just resolution of a case.

• Requires each state, county, and municipal law enforcement agency and official to notify a detained individual when a federal civil immigration authority requests to interview the detainee, be notified of the detainee’s upcoming release, or continue detainment past the time of eligible release (Sec. 6).

• Requires the Division of Criminal Justice in the Department of Law and Public Safety to develop a training program to educate state, county, and municipal law enforcement officers regarding the requirements of this Act (Sec. 7).

• Specifies that this Act takes effect immediately upon passage (Sec. 8).

Full Bill Text