Sponsored by:
Assemblywoman DAWN FANTASIA
District 24 (Morris, Sussex and Warren)
Assemblyman MICHAEL INGANAMORT
District 24 (Morris, Sussex and Warren)
Co-Sponsored by:
Assemblymen Azzariti Jr., McGuckin and Kanitra
SYNOPSIS
Directs AG to repeal and amend certain provisions of directive restricting law enforcement cooperation with federal immigration authorities.
CURRENT VERSION OF TEXT
As introduced.
An Assembly Resolution directing the Attorney General to repeal and amend certain provisions of the Attorney General Law Enforcement Directive No. 2018-6.
Whereas, The New Jersey Office of the Attorney General issued Attorney General Law Enforcement Directive No. 2018-6 on November 29, 2018; and
Whereas, The directive set up strict limits on when State, county, and local law enforcement may assist U.S. Immigration and Customs Enforcement; and
Whereas, It is incomprehensible why our State would not want coordination between law enforcement agencies and United States Immigration and Customs Enforcement when an individual who is in America illegally has committed a crime; and
Whereas, Many State and local officials are frustrated with the States approach to immigration under the current administrations Attorney General Law Enforcement Directive No. 2018-6; and
Whereas, The United States Department of Justice has been slow to enforce civil immigration law and the State of New Jersey has become a place of refuge for illegal immigrants; and
Whereas, As of 2023, New Jersey has the fifth largest immigration population in the United States, with an estimate of 755,000 illegal immigrants; and
Whereas, Undocumented immigrants no longer fear their illegal status and in 2024 it was reported that a New Jersey-based migrant gang is smuggling illegal immigrants into the United States across the Canadian border; and
Whereas, Municipalities such as Fanwood, Jersey City, Edison, Secaucus, Trenton and other communities in New Jersey have become drop-off locations for migrants as they are bused from border States like Texas which have been forced to bear the burden of this huge influx of migrants; and
Whereas, Our highest responsibility is to ensure the safety of our schools, hospitals, and local communities and the residents of New Jersey, who must be our first priority; and
Whereas, It is also important for law enforcement departments to establish and publish T-Visa and U-Visa certification procedures to ensure victims and witnesses of human trafficking and other crimes are supported and protected; and
Whereas, The Attorney General, therefore, is urged to repeal Attorney General Law Enforcement Directive No. 2018-6 with the exception of subsections A, B, and C of section IV relating to T-Visa and U-Visa certifications and to modify subsection D of section IV to read as follows: State, county, and local law enforcement agencies and officials may ask any questions necessary to complete a T- or U-visa certification. Nothing in this section shall be construed to restrict, prohibit, or in any way prevent a State, county, or local law enforcement agency or official from sending to, maintaining, or receiving from federal immigration authorities information regarding the citizenship or immigration status, lawful or unlawful, of any individual; now, therefore,
Be It Resolved by the General Assembly of the State of New Jersey:
1. The Attorney General is directed to repeal and amend certain provisions of the Attorney General Law Enforcement Directive No. 2018-6 to permit law enforcement to fulfill their responsibilities and obligations to protect the citizens of the State of New Jersey without legal barriers.
2. Copies of this resolution, as filed with the Secretary of State, shall be transmitted by the Clerk of the General Assembly to the Governor and the Office of the Attorney General.
STATEMENT
This resolution directs the Attorney General to repeal and modify the Attorney General Law Enforcement Directive No. 2018-6 to allow law enforcement to fulfil their responsibilities and obligations to protect the citizens of the State of New Jersey without legal barriers.
The New Jersey Office of the Attorney General issued Attorney General Law Enforcement Directive No. 2018-6 on November 29, 2018 which established strict limits on when State, county, and local law enforcement may assist United States Immigration and Customs Enforcement.
The Attorney General is urged to repeal the directive with the exception for subsections A, B, and C of section IV relating to T-Visa (victims of human trafficking) and U-Visa (crime victims) certifications and to modify subsection D of section IV to read as follows:
State, county, and local law enforcement agencies and officials may ask any questions necessary to complete a T- or U-visa certification. Nothing in this section shall be construed to restrict, prohibit, or in any way prevent a State, county, or local law enforcement agency or official from sending to, maintaining, or receiving from federal immigration authorities information regarding the citizenship or immigration status, lawful or unlawful, of any individual.
The highest responsibility of government and law enforcement is to ensure the safety of our schools, hospitals, and local communities.It is the sponsors opinion that the welfare of the residents of New Jersey must be our first priority.