Bill Text: NJ S3462 | 2024-2025 | Regular Session | Introduced
Bill Title: Permits State, local government agencies, and private detention facilities to enter into agreement to detain noncitizens.
Spectrum: Unknown
Status: (Introduced) 2024-06-20 - Introduced in the Senate, Referred to Senate Judiciary Committee [S3462 Detail]
Download: New_Jersey-2024-S3462-Introduced.html
Sponsored by:
Senator CARMEN F. AMATO, JR.
District 9 (Ocean)
SYNOPSIS
Permits State, local government agencies, and private detention facilities to enter into agreement to detain noncitizens.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning immigration detention agreements, amending P.L.2021, c.199, and repealing section 1 of P.L.2021, c.199.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. 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] an immigration detention agreement as defined in subsection a. of this section; [or ] and
(2) a private detention facility operating in this State [shall not] may enter into, renew, or extend [any] an 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.] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill).
(cf: P.L.2021, c.199, s.2)
2. Section 1 of P.L.2021, c.199 (C.30:4-8.15) is repealed.
3. This act shall take effect immediately.
STATEMENT
This bill permits the State, local government agencies, and private detention facilities to enter into an agreement to detain noncitizens for civil immigration violations.
Under current law, the State, a local government agency, or a private detention facility operating in this State is not to enter into, renew, or extend any immigration detention agreement. Current law defines an immigration detention agreement as 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.
Under the provisions of this bill, the State, a local government agency, or a private detention facility operating in this State may enter into, renew, or extend an immigration detention agreement.