New Jersey Assembly Bill A2614

New Jersey 2024-2025 Regular Session

• Introduced: 1/9/24
• Refer: 1/9/24

Caption

Directs AG to enter into agreement with U.S. Attorney General to empower certain corrections officers to investigate immigration status of inmates.

Impact

This legislation is designed to integrate federal immigration enforcement mechanisms into the state correctional system, which could significantly shift the approach towards inmates' immigration status within state facilities. By formally entrusting state and county corrections officers with these responsibilities, New Jersey would become more aligned with federal immigration policies, potentially increasing the state's accountability regarding unlawful immigration presence. This change raises concerns about the implications for undocumented individuals detained in state facilities and their subsequent treatment under state law.

Summary

Assembly Bill A2614 aims to enhance the enforcement of federal immigration laws within New Jersey's correctional facilities by empowering certain state and county corrections officers. The bill directs the New Jersey Attorney General to establish a Memorandum of Understanding (MOU) with the United States Attorney General under Section 287(g) of the federal Immigration and Nationality Act. This agreement allows designated officers to investigate the immigration status of inmates at the time of their incarceration. If these designated officers determine that an inmate is not lawfully present in the United States, they are mandated to notify U.S. Immigration and Customs Enforcement (ICE).

Contention

Notably, the bill has sparked discussions regarding the balance between state enforcement of federal immigration laws and local community trust in law enforcement. Critics may argue that this kind of enforcement could lead to increased fear among immigrant communities, deterring them from seeking help or reporting crimes due to the risk of deportation. Proponents, however, assert that enforcing immigration laws is a legitimate function of the corrections system that enhances the effectiveness of state law in addressing unlawful residency within the confines of the state.