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New Jersey Codifies Immigrant Protection Laws

3/26/2026, 5:57:54 AM

New Legislation Bans Local Collaboration with ICE

On Wednesday, New Jersey Governor Mikie Sherrill signed a significant piece of legislation that prohibits local law enforcement agencies from collaborating with federal immigration authorities, specifically the U.S. Immigration and Customs Enforcement (ICE). This law marks New Jersey as the tenth state to enact such measures, joining California, Connecticut, Delaware, Illinois, Maryland, Maine, New Mexico, Oregon, and Washington. The legislation codifies the Immigrant Trust Directive established in 2018 by then-Attorney General Gurbir Grewal, which aimed to limit local law enforcement's involvement in federal immigration enforcement, particularly the ICE’s 287(g) program.

Legislative Background and Context

The new law comes in response to concerns from immigrant rights advocates about the potential for future administrations to reverse protections for immigrants. The previous gubernatorial candidate from the Republican Party had campaigned on a platform that included dismantling the 2018 directive and increasing partnerships with ICE. Sherrill's victory in the gubernatorial race has been interpreted as a mandate to strengthen immigrant protections. The legislation also includes the Privacy Protection Act, which restricts local and state agencies from collecting and sharing immigration status information, and mandates that ICE agents must identify themselves before making arrests.

Key Provisions and Implications

While the law largely prohibits local authorities from detaining individuals solely at ICE's request, it allows for exceptions when individuals are subject to final removal orders or have been convicted of crimes. This nuanced approach aims to balance public safety concerns with the protection of immigrant rights. Sherrill expressed confidence in the legality of the new measures, stating, “We know the Trump administration has challenged some of these measures in the past... we’re happy to meet them in court again if they decide to sue now.”

Criticism and Opposition

Despite the advancements, some critics argue that the new law does not go far enough. For instance, Ami Kachalia, a campaign strategist for the ACLU of New Jersey, emphasized the need for increased funding for legal counsel for immigrants facing deportation. Additionally, Nedia Morsy from Make the Road New Jersey highlighted that while the legislation sets a standard for protection, it should not be viewed as the ultimate limit for immigrant rights.

Local Responses and Future Directions

Cities like Hoboken have already begun implementing local ordinances that restrict the use of municipal resources for federal immigration enforcement. Morsy noted that local officials should refrain from assisting ICE without a judicial warrant and should review vendor contracts to ensure data is not shared with federal authorities. The ongoing advocacy for immigrant rights in New Jersey suggests that further legislative efforts may be pursued to enhance protections against federal immigration enforcement.

Verbatim Quotes

  • “the state legislature and the [Sherrill] administration is recognizing that there is rising authoritarianism and there is a need to act.” — Nedia Morsy, Director, Make the Road New Jersey
  • “As we’ve seen across the country, Donald Trump’s untrained, unaccountable, masked ICE agents are putting people in danger.” — Mikie Sherrill, Governor of New Jersey
  • “I do think it’s important to remember that these bills set a standard for protection, but they aren’t the ceiling,” — Nedia Morsy, Director, Make the Road New Jersey

This legislation represents a significant step in New Jersey's ongoing efforts to protect immigrant communities amid a complex national landscape regarding immigration policy.