TRENTON, NJ — New Jersey Democratic lawmakers have introduced new legislation aimed at restricting state and local cooperation with federal immigration enforcement authorities. The proposed measure, titled the “New Jersey Immigrant Trust Act,” seeks to protect immigrant communities by preventing local agencies from engaging in federal civil immigration enforcement actions that could lead to deportations.
Sponsored by Assemblywoman Ellen J. Park (D-Bergen), Assemblywoman Alixon Collazos-Gill (D-Essex and Passaic), and Assemblyman Gabriel Rodriguez (D-Hudson), the bill (A4987) was introduced on October 24, 2024, during the 221st legislative session. The legislation is co-sponsored by several other Democratic lawmakers, reflecting strong support within the party to bolster immigrant protections across the state.
The core of the Immigrant Trust Act focuses on limiting how state, county, and municipal agencies interact with federal immigration authorities, such as U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP). The bill explicitly prohibits local law enforcement from honoring immigration detainers, sharing sensitive personal information with federal agencies, and participating in immigration enforcement activities. It also restricts government entities from using state resources—including funds, personnel, and equipment—for federal immigration enforcement purposes.
The legislation comes in response to ongoing concerns about the role state and local agencies have played in aiding federal immigration enforcement. Lawmakers and immigrant advocates argue that cooperation between local police and federal immigration authorities undermines trust between immigrant communities and public institutions.
“New Jersey is a state of immigrants,” the bill’s sponsors stated. “Nearly one in every four residents in New Jersey is foreign-born, and more than 40 percent of children live in immigrant families. We must ensure our state remains a safe and welcoming place where the rights and dignity of all people are protected, regardless of immigration status.”
Key Provisions of the Immigrant Trust Act
Under the proposed legislation, several key reforms would be enacted to safeguard immigrant communities:
- Prohibition on Honoring Immigration Detainers:
The bill bans law enforcement agencies from complying with immigration detainer requests, which ask local authorities to hold individuals beyond their release dates for federal immigration pickup. Unlike criminal warrants, immigration detainers do not require judicial approval and have been criticized for lacking due process protections. - Limits on Information Sharing:
Government entities would be prohibited from collecting or sharing information about an individual’s immigration status, citizenship, place of birth, Social Security number, or tax identification number, unless it is strictly necessary to determine eligibility for public services. Additionally, state and local databases would not be accessible to federal immigration authorities for enforcement purposes. - Restricted Access to Public Facilities:
The bill prevents federal immigration authorities from accessing non-public areas of sensitive locations, such as schools, hospitals, libraries, and shelters, without a judicial warrant. This provision is designed to ensure that immigrant families can safely seek essential services without fear of detention or deportation. - Ban on State Resources for Immigration Enforcement:
State, county, and municipal agencies would be barred from using taxpayer-funded resources—including personnel, funds, equipment, and property—to assist in federal immigration enforcement activities. - Mandatory Reporting and Transparency:
Law enforcement agencies would be required to document and publicly report any requests they receive from federal immigration authorities, including detainer and transfer requests, and explain their legal basis for complying or not complying. This reporting would be submitted to the state Attorney General and published online for public review. - Community Awareness and Training:
The bill mandates that the Attorney General develop standardized training for law enforcement agencies to ensure compliance with the law. The Department of Human Services would also launch a multilingual public awareness campaign to inform immigrant communities of their rights and the protections provided under the act.
Lawmakers Cite Public Safety Concerns
Supporters of the Immigrant Trust Act argue that the legislation will improve public safety by fostering trust between immigrant communities and local authorities.
Data from across the country has shown that when local agencies collaborate with federal immigration enforcement, immigrants are less likely to report crimes, cooperate with investigations, or seek emergency services out of fear of deportation. Advocates contend that this dynamic endangers not only immigrants but entire communities by hindering law enforcement’s ability to address public safety threats.
“Communities are safer when everyone feels secure reaching out for help, reporting crimes, or seeking health services,” said Assemblywoman Ellen J. Park. “This bill ensures that no one in New Jersey will have to choose between personal safety and the risk of deportation.”
District 33 Assemblyman Gabriel Rodriguez echoed these concerns, stating that local law enforcement should focus on community safety rather than federal immigration enforcement. “Our police officers are here to protect and serve our neighborhoods, not to carry out the duties of ICE,” Rodriguez said.
Opposition and Criticism
Despite strong support from Democratic lawmakers and immigrant rights groups, the Immigrant Trust Act has faced criticism from some Republican legislators and law enforcement officials who argue that the bill could hinder public safety efforts.
Opponents claim that limiting cooperation with federal immigration agencies could prevent authorities from apprehending undocumented immigrants who have committed serious crimes. They argue that the legislation creates unnecessary barriers for law enforcement and may complicate efforts to remove dangerous individuals from communities.
“Public safety should be our top priority,” said Assemblyman Christopher DePhillips (R-Bergen). “This bill could tie the hands of law enforcement officers and make it harder to protect our citizens from violent criminals who are in this country illegally.”
However, supporters of the bill emphasize that the legislation still allows law enforcement to comply with valid judicial warrants issued by federal judges. The bill distinguishes between civil immigration enforcement and criminal law enforcement, ensuring that state and local authorities can still apprehend individuals charged with or convicted of serious crimes.
A Response to Trump-Era Immigration Policies
The introduction of the Immigrant Trust Act reflects ongoing efforts in New Jersey to counteract the aggressive immigration enforcement policies implemented during the Trump administration.
Former President Donald Trump’s administration expanded immigration enforcement and sought greater cooperation from state and local agencies to identify and detain undocumented immigrants. Many states, including New Jersey, responded by implementing policies to protect immigrant communities from federal overreach.
In 2018, then-Attorney General Gurbir Grewal issued the “Immigrant Trust Directive,” which limited how state and local law enforcement could cooperate with ICE. The proposed Immigrant Trust Act would solidify and expand those protections, making them permanent under state law.
“We saw firsthand during the Trump administration how harmful federal immigration policies could be to our communities,” said Assemblywoman Alixon Collazos-Gill. “This bill ensures that New Jersey remains a place where families can live without fear of being torn apart.”
Path Forward for the Immigrant Trust Act
The bill is currently under review in the New Jersey Assembly and is expected to move through committee hearings in the coming months. With strong Democratic majorities in both chambers of the Legislature and the support of Governor Phil Murphy, the bill is likely to gain momentum.
If enacted, the Immigrant Trust Act would make New Jersey one of the most immigrant-protective states in the country, joining states like California and Illinois in limiting local participation in federal immigration enforcement.
Supporters see the legislation as a crucial step in ensuring that all residents, regardless of immigration status, feel safe accessing public services and reporting crimes.
“This legislation is about protecting New Jersey families,” said Assemblywoman Ellen J. Park. “We cannot allow fear to prevent people from seeking help or living their lives with dignity.”