This bill amends N.J.S.A.2C:29-3 to introduce criminal penalties for individuals who harbor or hinder the apprehension of aliens unlawfully present in the United States, specifically when they are aware that the alien has an outstanding arrest or immigration warrant. Under the new provisions, harboring such an alien is classified as a crime of the fourth degree, while hindering one's own apprehension or deportation as an unlawful alien is categorized as a disorderly persons offense. The bill also establishes specific penalties, including a term of imprisonment of up to 18 months and fines for fourth-degree crimes, and up to six months of imprisonment for disorderly persons offenses.
Additionally, the bill includes an affirmative defense for unlawful aliens who can demonstrate that they were victims of human trafficking at the time they hindered their own apprehension or deportation. The amendments also clarify the definitions of offenses related to hindering apprehension or prosecution, including the addition of terms related to deportation and violations of specific statutes. Overall, the bill aims to strengthen the legal framework surrounding the harboring of unlawful aliens and enhance penalties for those who knowingly assist them.