Bill Text: NJ S4085 | 2024-2025 | Regular Session | Introduced
Bill Title: Requires certain law enforcement entities and courts to cooperate with federal immigration authorities.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced) 2025-02-03 - Introduced in the Senate, Referred to Senate Law and Public Safety Committee [S4085 Detail]
Download: New_Jersey-2024-S4085-Introduced.html
Sponsored by:
Senator DOUGLAS J. STEINHARDT
District 23 (Hunterdon, Somerset and Warren)
Senator CARMEN F. AMATO, JR.
District 9 (Ocean)
Co-Sponsored by:
Senators Holzapfel, Space and Tiver
SYNOPSIS
Requires certain law enforcement entities and courts to cooperate with federal immigration authorities.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning immigration and supplementing various sections of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. As used in this section:
"Federal immigration authority" means any officer, employee, or person otherwise paid by or acting as an agent of United States Immigration and Customs Enforcement or United States Customs and Border Protection, or any division thereof, or any officer, employee, or person otherwise paid by or acting as an agent of the United States Department of Homeland Security who is charged with immigration enforcement.
"Law enforcement agency" means a State, county, or municipal law enforcement agency, and State or county correctional facility.
b. Within 24 hours of an arrest, every law enforcement agency in this State shall notify the appropriate federal immigration authority if the person arrested is a non-citizen who is unlawfully present in this county and is charged with a crime of the first through fourth degree or any disorderly or petty disorderly persons offense involving the unlawful manufacture, distribution, possession and use of controlled dangerous substances, theft, robbery, or any other crime or offense resulting in the arrest. The purpose of the notification shall be to initiate deportation proceedings.
2. Every sentencing court shall immediately contact appropriate federal immigration authorities as defined in subsection a. of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) to initiate deportation proceedings upon convicting a non-citizen who is unlawfully present in this country and convicted of a crime of the first through fourth degree or any disorderly or petty disorderly persons offense involving the unlawful manufacture, distribution, possession and use of controlled dangerous substances, theft, robbery, or any other crime or offense resulting in the conviction.
3. a. "Convicted non-citizen" means a non-citizen who is unlawfully present and convicted of a crime of the first through fourth degree or any disorderly or petty disorderly offense involving the unlawful manufacture, distribution, possession and use of controlled dangerous substances, theft, robbery, or any other crime or offense resulting in the detention.
b. A correctional facility in which the convicted non-citizen is held shall contact appropriate federal immigration authorities as defined in subsection a. of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) for the purpose of initiating deportation proceedings. If the convicted non-citizen is not in the custody of a correctional facility, the agency or official best suited to notify and cooperate with federal immigration authorities with respect to the convicted non-citizen, including, but not limited to, any parole or probation officer with a supervisory role over the convicted non-citizen, shall provide notification.
4. This act shall take effect immediately.
STATEMENT
This bill requires every law enforcement agency to notify the appropriate federal immigration authorities when a person who is arrested and charged with any crime and certain offenses is a non-citizen who is unlawfully present in this county. The purpose of notifying federal immigration authorities is to initiate deportation proceedings. Under the bill, "federal immigration authority" is defined as any officer, employee, or person otherwise paid by or acting as an agent of United States Immigration and Customs Enforcement or United States Customs and Border Protection, or any division thereof, or any officer, employee, or person otherwise paid by or acting as an agent of the United States Department of Homeland Security who is charged with immigration enforcement.
The bill also requires every sentencing court to immediately contact appropriate federal immigration authorities in order to initiate deportation proceedings upon convicting a non-citizen who is unlawfully present in this country of certain crimes or offenses.
Finally, correctional facilities in which the convicted non-citizen is held would be required to contact appropriate federal immigration authorities for the purpose of initiating deportation proceedings. Parole or probation officers with a supervisory role over a convicted non-citizen also would be required to contact federal immigration authorities for the purpose of initiating deportation proceedings.
The crimes and offenses included under the bill that would require notification are any crime of the first through fourth degree or any disorderly or petty disorderly persons offense involving the unlawful manufacture, distribution, possession and use of controlled dangerous substances, theft, robbery, or any other crime or offense resulting in detention.
