New Jersey Assembly Bill A5021

New Jersey 2024-2025 Regular Session

• Introduced: 11/14/24
• Refer: 11/14/24

Caption

Establishes immigration unit within Office of Public Defender.

Impact

The creation of this immigration unit aims to address the legal needs of indigent noncitizens, a demographic that often faces unique challenges when entangled in the criminal justice system. Specifically, the unit will focus on providing comprehensive immigration counsel, ensuring that individuals understand the potential immigration repercussions stemming from their criminal cases. This initiative is in alignment with the 2010 Supreme Court ruling in Padilla v. Kentucky, which established the obligation of defense attorneys to inform clients about the immigration consequences of their criminal convictions.

Summary

Assembly Bill A5021 establishes an immigration unit within the New Jersey Office of the Public Defender. This unit is designed to provide legal representation for noncitizens involved in the criminal justice system, including those held in state, county, or private psychiatric institutions, and noncitizen youth in the juvenile delinquency system. The bill emphasizes the need for specialized legal assistance on immigration-related matters as these noncitizens navigate their interactions with the judicial process.

Contention

One notable point of contention surrounding A5021 is the adequacy of current resources allocated to noncitizen legal aid. The Office of Public Defender has indicated that they currently have a very limited number of attorneys specializing in immigration law, highlighting the disparity where one immigration attorney supports about 600 noncitizen defendants. Proponents of the bill argue that the immigration unit will enhance the support for these individuals, while critics may question the state's ability to fund and sustain an effective and adequately staffed unit.