AS ICE PATROLS NEWARK AIRPORT, STATE LEGISLATURE PASSES MODIFIED IMMIGRATION BILLS

Advocates close out years-long fight but call for additional action.

“Today, important protections that have been years in the making have passed the Legislature. This win would not be possible without the tireless advocacy of immigrant communities and their allies. But while key safeguards are included, the bills have since been weakened and fail to address the root of the issue belaying federal overreach: unrestricted access to state resources and residents’ data,” said Madison Linton with New Jersey Alliance for Immigrant Justice. “In advancing these bills to Governor Sherrill’s desk, the Legislature has intentionally left behind thousands of New Jerseyans who will now be swept up into the net of lawless ICE attacks and arrests. Passing these bills is an important step, but it comes with setbacks that call for further, bolder progress.”

Both bills had been sent to Governor Murphy’s desk in the previous legislative session but were pocket vetoed in deference to the incoming Governor. The current version of both the Privacy Protection Act (A4070) and the Immigrant Trust Directive Codification (A4071) have been significantly watered down to match public comments Governor Sherrill had made on the campaign trail. 

"Today’s votes make clear that New Jersey lawmakers were willing to call something ‘protection’ while leaving some of the most dangerous loopholes in place,” said Katy Sastre, Executive Director of First Friends of New York and New Jersey. “The bill codifying the Immigrant Trust Directive fails on due process: it allows notice to ICE for people with so-called final orders of removal, treats pending charges as if they were convictions, and backs away from stronger limits on information-sharing and local cooperation that were on the table just weeks ago. At the same time, the Privacy Protection Act was weakened by stripping out critical protections for automatic license plate reader data at the exact moment immigrant communities need them most. ICE has only just increased its presence in New Jersey by deploying agents to Newark Airport. Weakening safeguards around surveillance data is not a technical change — it puts real people at risk. We support moving these bills forward because our communities need every protection available, but no one should mistake this for the full response this moment demands. Governor Sherrill and the Legislature must move immediately to close these gaps and protect the people who call New Jersey home. As attacks escalate every day, New Jersey cannot keep drawing lines between who is deserving of safety and who is not."

Under this version of the bills, New Jersey State and local law enforcement agencies would be allowed to share Automatic Licence Plate Reader data with other law enforcement agencies without needing proof of a judicial warrant. Advocates argue that the number of 287(g) agreements, partnerships that deputize local law enforcement to assist immigration operations, now number 70+ in the states immediately surrounding New Jersey. Nationally, the number of 287(g) agreements has grown to more than 1,000 partnerships across 39 states. New Jersey State and local officers would also be allowed to share information with ICE for people who are simply accused of certain crimes, leaving them vulnerable to indefinite immigration detention regardless of whether the person is ultimately found innocent or charges are dropped.

“Our communities in New Jersey are witnessing dangerous abuses of power and fear-driven enforcement; we must choose dignity over intimidation. The mask bill and Privacy Protections legislation are critical steps toward ensuring that no one—regardless of immigration status—lives in fear of unidentified agents or the misuse of their personal information, but our communities need more. New Jersey deserves transparency, accountability, and the fundamental right to exist without being targeted. Protecting immigrant rights is not optional—it is a moral obligation. Our lawmakers have the opportunity to stand on the side of human rights, safety, and dignity for all,” said Diana Mejía, Immigrant Rights Advocate, Wind of the Spirit

“New Jersey just passed legislation that carries the same names as the bills advocates fought for last session. But the details tell a different story. A Final Order of Removal exception that was deliberately removed has been quietly restored. The right of every patient to know when their medical records were shared with federal authorities has been stripped out. License plate data that was locked inside New Jersey can now leave the state with nothing but a certification and no enforcement. These are not drafting accidents. They are choices. New Jersey can do better. Governor Sherrill can do better,” said Rosalie Wong & Louise Walpin, WADEIn NJ (We the People Advocate for Democracy, Engagement & Inclusion).

“As it is written in Leviticus 19:33-34: ‘The stranger who resides with you shall be to you as one of your citizens; you shall love them as yourself, for you were strangers in the land of Egypt.’ Today the New Jersey Legislature passed the Privacy Protection Act and the Immigrant Trust Directive codification bills. While these bills are a foundation for further work to protect the one-in-four New Jerseyans who are foreign-born, we call on the Legislature and the Governor to keep working to meet the needs of the moment. All New Jerseyans deserve both comprehensive privacy protection and full access to their Constitutional due process rights, including the core American value of being presumed innocent until proven guilty in a court of law,” said Sarah Blaine, Lead Organizer, RAC-NJ (New Jersey Religious Action Center of Reform Judaism).

In the time since Governor Murphy vetoed the bills, ICE enforcement operations have escalated across the state. Citing the enforcement activities outside school bus stops, churches, and the high speed chases that have resulted in multi-car crashes, advocates say the bills fail to meet the urgency of the moment. In the time since the bills were first proposed, the plans to open the Roxbury Warehouse have now become official, increasing the state’s capacity for immigration detention by 1500 beds. 

“Immigrant rights are human rights. The passage of these bills ensure more protections for our communities because protecting immigrant communities means protecting all of us,” said Amanda Dominguez, Community Organizer at New Labor. “As violence rises, we must continue the fight to ensure every person is safe and afforded the dignity, respect, and rights they inherently deserve for being human.”

“Today, the Legislature advanced the two remaining bills in the Immigrant Protections Package, codifying the Attorney General’s directive and passing the Privacy Protection Act. This marks a long-overdue step forward, one that advocates have fought tirelessly for over many years,” said Eric Cruz Morales, Director of Democracy at the League of Women Voters of NJ. “While we recognize this progress, it is not enough. These measures alone will not fully protect all of New Jersey’s immigrant communities, and too many people are left behind. The League remains committed to continue working with our partners on building on this momentum and will continue pushing for policies that ensure every immigrant in New Jersey is protected, empowered, and able to thrive.”

Advocates and activists urge the Governor to sign the bills so additional protections can be proposed. They also call on the New Jersey Legislature to fill the gaps that leave thousands of New Jerseyans vulnerable to ICE arrests and enforcement.

“We are grateful that these critical bills that will cement long overdue protections for immigrant New Jerseyans are headed to Gov. Sherrill’s desk to be signed into law. The harms inflicted by federal immigration enforcement and the rampant unconsented collection and distribution of personal information are real and have left an indelible mark on our families, friends, neighbors, and all New Jerseyans. As we witness escalating attacks on immigrant communities across the country, we are proud that our state is taking bold action to ensure privacy protections for residents. We look forward to working with lawmakers to continue advancing legislation that better protects the constitutional rights of all New Jerseyans, including the codification of a stronger version of the Immigrant Trust Directive that includes essential due process protections,” said ACLU-NJ Campaign Strategist Ami Kachalia, “Thank you to Senators Johnson, McKeon, Mukherji, Ruiz, Timberlake, and Zwicker, and Assemblymembers Greenwald, Park, Quijano, Reynolds-Jackson, and Rodriguez for their leadership in sponsoring these bills and protecting immigrant communities. We urge Gov. Sherrill to sign these bills into law to make our state stronger and safer – it is what New Jersey, and everyone, deserves.” 

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The New Jersey Alliance for Immigrant Justice is the state’s largest immigration coalition, bringing together 70+ organizations to fight for policies that empower and protect immigrants.