Prohibits release of illegal immigrants from correctional facilities.
The provisions of A3841 would significantly affect the handling of inmates who are non-citizens by mandating that they cannot be released unless confirmed to be lawfully present. This would alter current procedures in correctional facilities, potentially limiting the options for individuals based on their immigration status. If enacted, this legislation may lead to an increase in the number of individuals detained solely on the basis of their immigration status and could raise legal and ethical questions regarding the rights of inmates in correctional facilities.
Assembly Bill A3841, introduced in New Jersey, mandates that officials in correctional facilities must ascertain the nationality of every inmate in their care. Specifically, it requires that if an inmate is deemed not to be a United States citizen, the facility must determine whether the individual is lawfully present in the U.S. Failure to confirm an inmate's lawful status will lead to them being categorized as unlawfully present. The bill primarily aims to ensure that individuals who are unlawfully present are not released back into society but instead are handed over to federal immigration authorities.
Opposition to the bill is anticipated due to the implications it carries for civil rights and local law enforcement practices. Critics argue that such regulations could further criminalize innocent individuals based on their nationality and create a fear-based environment within immigrant communities. Additionally, the bill's strict penalties for facility administrators who fail to comply could create undue pressure to prioritize immigration status over rehabilitation efforts within the justice system.