Bill Text: NJ A5287 | 2024-2025 | Regular Session | Introduced
Bill Title: "Imprisoning Illegal Aliens Act;" allows State and local entities and private detention facilities to enter into agreements to detain noncitizens.
Spectrum: Partisan Bill (Republican 6-0)
Status: (Introduced) 2025-02-10 - Introduced, Referred to Assembly Oversight, Reform and Federal Relations Committee [A5287 Detail]
Download: New_Jersey-2024-A5287-Introduced.html
Sponsored by:
Assemblyman PAUL KANITRA
District 10 (Monmouth and Ocean)
Assemblyman GREGORY E. MYHRE
District 9 (Ocean)
Co-Sponsored by:
Assemblyman Rumpf, Assemblywoman Fantasia, Assemblymen Inganamort and McGuckin
SYNOPSIS
"Imprisoning Illegal Aliens Act;" allows State and local entities and private detention facilities to enter into agreements to detain noncitizens.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning detention of noncitizens and amending P.L.2021, c.199.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.2021, c.199 (C.30:4-8.15) is amended to read as follows:
1. The Legislature finds and declares that:
a. It is the responsibility of the State to ensure respect for the human rights and civil rights of all [people detained within] residents of New Jersey.
b. It is the responsibility of the State to [protect the health and safety, including the physical and mental health, of individuals detained within New Jersey.] provide for the safety of all residents within New Jersey, including but not limited to, United States citizens, legal United States immigrants, and legal residents and visitors.
c. Detention centers and correctional facilities in New Jersey have a history of [poor conditions, including inadequate medical and mental health care, use of isolated confinement, and incidents of violence and retaliation against people in detention] providing the valuable service of facilitating deportations in accordance with federal law.
d. In keeping with its obligation to protect and advance the [health and just treatment of all people within the State of New Jersey, it is therefore the intent of the Legislature to prevent new, expanded, or renewed agreements to detain people for civil immigration purposes] safety of all people within the State of New Jersey, it is therefore the intent of the Legislature to provide opportunities for new, expanded, or renewed agreements to detain people for civil immigration purposes.
cf: P.L.2021, c.199, s.1.
2. Section 2 of P.L.2021, c.199 (C.30:4-8.16) is amended to read as follows:
2. a. As used in this act:
"Immigration detention agreement" means any contract, agreement, intergovernmental service agreement, or memorandum of understanding that authorizes the State, local government agency, or private detention facility to house or detain individuals for civil immigration violations.
"Local government agency" means a county, county sheriff, municipality, or other political subdivision and any agency, officer, employee, or agent thereof.
"Private detention facility" means any privately owned or operated facility that houses or detains individuals for civil immigration violations.
b. On or after the effective date of [this act] P.L. , c. (C. ) (pending before the Legislature as this bill):
(1) the State or a local government agency [shall not] may enter into, renew, or extend any immigration detention agreement as defined in subsection a. of this section; or
(2) a private detention facility operating in this State [shall not] may enter into, renew, or extend any immigration detention agreement as defined in subsection a. of this section.
c. Nothing in this section shall be construed to prohibit, or in any way restrict, any action where the prohibition or restriction would be contrary to federal law, the United States Constitution, or the New Jersey Constitution.
(cf: P.L.2021, c.199, s.2)
3. This act shall take effect immediately.
STATEMENT
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.
