A 4071

��1-4,6
C.52:17B-236.14
to 52:17B-236.18
��1,2
Note to ss.5,7
�5
C.2A:161-2
�7
C.52:17B-112.1
P.L.
2026, CHAPTER 5, approved March 25, 2026
Assembly, No. 4071
An Act concerning law enforcement and
immigrant communities and supplementing Title 52 of the Revised Statutes.
���� Be It Enacted by the Senate and General Assembly of the State of New
Jersey:
���� 1.��� The Legislature finds and
declares that:
���� a.���� There is a difference between State, county, and
municipal law enforcement authorities, who enforce the criminal laws of this
State, and federal immigration authorities, who enforce federal civil
immigration law.
���� b.��� The responsibility to investigate violations of
civil immigration law belongs to the federal government.
���� c.���� It is not the role of State, county, or
municipal law enforcement to carry out federal civil immigration enforcement.
���� d.��� The law enforcement officers of New Jersey are
sworn to protect the public by investigating offenses in violation of the
State�s criminal code, enforcing the State�s criminal laws, and enhancing
public safety.
���� e.���� The expectation that the State�s law enforcement
officers and agencies will perform tasks outside their responsibility creates
an unfair burden on them and the limited resources of the State.�
���� f.���� If State, county, and municipal law enforcement authorities
were to participate in federal civil immigration enforcement, beyond the
instances required by law, it would improperly blur the distinction between
State and federal actors; perhaps more significantly, it would undermine the
public trust that law enforcement in this State have worked to cultivate with
the diverse communities they serve.
���� g.��� Individuals are less likely to report a crime if
they are fearful that the responding officer will report them to federal
immigration authorities.� This fear can impede the ability of law enforcement
to solve crimes and apprehend suspects, posing a public safety risk to every
resident of the State.
���� h.��� For these reasons, the Legislature finds it
fitting and proper to codify the Attorney General Directive, �Strengthening
Trust Between Law Enforcement and Immigrant Communities.�
���� i.���� The Legislature notes that nothing in the
directive prohibits holding accountable any violator of New Jersey�s criminal
laws.
���� j.���� This directive reaffirms the long-settled
delegation of responsibility between federal and State law enforcement entities
and ensures the equitable division of labor between the two.�
���� k.��� It is the intent of the Legislature to further
the State�s goals of efficacious and conscientious use of limited law
enforcement resources, and advancement of trust between New Jersey�s law
enforcement and the diverse communities to which they have devoted their
livelihoods and lives to protect by codifying the directive.
���� 2.��� As used in this act:
���� �Judicial warrant� means a warrant based on probable
cause and issued by a federal Article III judge or magistrate, or the State
equivalent, that authorizes federal immigration authorities to search a
location or apprehend a person who is the subject of the warrant.
���� �Law enforcement agency� means any instrumentality of
the State or a county or municipal government employing a law enforcement
official.
���� �Law enforcement official� means a person whose public
duties include the power to act as an officer for the detection, apprehension,
arrest, and conviction of offenders against the laws of this State.� The term
includes a prosecutor or assistant prosecutor employed by or appointed to a
municipality, a county, or the State.
���� 3.��� a.�������� A law enforcement officer shall not
engage in conduct constituting racially-influenced policing.� A law enforcement
officer shall not consider a person�s race or ethnicity as a factor in drawing
an inference or conclusion that the person may be involved in criminal activity
or as a factor in exercising police discretion as to how to stop or otherwise
treat the person, except when responding to a suspect-specific or
investigation-specific �Be on the Lookout� situation.�
���� b.��� Except as set forth in subsections d. and f. of
this section, a State, county, or municipal law enforcement agency or officer
shall not:
���� (1) �stop, question, arrest, search, or detain any
individual based solely on actual or suspected citizenship or immigration
status or actual or suspected violations of federal civil immigration law; or
���� (2) �inquire about the immigration status of any
individual, unless it is necessary for an ongoing investigation of an
indictable offense by that individual and relevant to the offense under
investigation.
���� c.���� Except as set forth in subsections d. and f. of
this section, a State, county, or municipal law enforcement agency or officer
shall not provide the following assistance to federal immigration authorities
when the sole purpose is to enforce federal civil immigration law:
���� (1) �participate in civil immigration enforcement
operations;
���� (2) �provide any non-public personally identifying
information regarding any individual.� This information includes a social
security number, credit card number, unlisted telephone number, driver�s
license number, vehicle license plate number, insurance policy number, and
active financial account number and may include the address, telephone number,
or email address for an individual�s home, work, or school, if that information
is not readily available to the public;
���� (3) �provide access to any State, county, or municipal
law enforcement equipment, office space, database, or property not available to
the general public;
���� (4) �provide access to a detained individual for an
interview, unless the detainee signs a written consent form that explains the
purpose of the interview, that the interview is voluntary, that the individual
may decline to be interviewed, and that the individual may choose to be
interviewed only with legal counsel present;
���� (5) �provide notice of a detained individual�s upcoming
release from custody, unless the detainee:
���� (a) �is currently charged with or has ever been
convicted of, adjudicated delinquent for, or found not guilty by reason of
insanity of a violent or serious offense.� A violent or serious offense
includes any first or second degree offense, as defined in N.J.S.2C:43-1; any
indictable domestic violence offense as defined by P.L.1991, c.261 (C.2C:25-19);
domestic violence assault as defined by paragraph (2) of subsection a. of P.L.1991,
c.261(C.2C:25-19); assault pursuant to N.J.S.2C:12-1; knowingly leaving the
scene of a motor vehicle accident resulting in serious bodily injury pursuant
to section 2 of P.L.1997, c.111 (C.2C:12-1.1); stalking pursuant to section 1
of P.L.1992, c.209 (C.2C:12-10); throwing bodily fluid at officers pursuant to
section 2 of P.L.1997, c.182 (C.2C:12-13); criminal sexual contact pursuant to
N.J.S.2C:14-3; exposing genitals to minors under the age of 13 and other
vulnerable populations pursuant to subsection b. of N.J.S.2C:14-4; bias
intimidation pursuant to section 1 of P.L.2001, c.443 (C.2C:16-1); arson
pursuant to N.J.S.2C:17-1; causing widespread injury or damage pursuant to
N.J.S.2C:17-2; burglary pursuant to N.J.S.2C:18-2, and sections 1 and 2 of
P.L.2024, c.83 (C.2C:18-2.1 and C.2C:18-2.2); endangering the welfare of
children pursuant to N.J.S.2C:24-4; witness tampering and retaliation pursuant
to N.J.S.2C:28-5; eluding a law enforcement officer pursuant to subsection b.
of N.J.S.2C:29-2; hindering apprehension or prosecution pursuant to paragraph
(5) of subsection a. of N.J.S.2C:29-3, paragraph (2) of subsection b. of
N.J.S.2C:29-3, and paragraph (3) of subsection b. of N.J.S.2C:29-3; criminal
contempt pursuant to N.J.S.2C:29-9; manufacture, transportation, or possession
of weapons pursuant to N.J.S.2C:39-3, N.J.S.2C:39-5, section 6 of P.L.1979,
c.179 (C.2C:39-7), or N.J.S.2C:39-9; aggravated hazing pursuant to subsection
b. of section 1 of P.L.1980, c.169 (C.2C:40-3); or any indictable offense under
the law of another jurisdiction that is the substantial equivalent to an
offense described in this subparagraph;
���� (b) has been convicted of an indictable crime other
than a violent or serious offense within the past five years; or
���� (c) is subject to a Final Order of Removal that has
been signed by a federal judge and lodged with the county jail or State prison
where the detainee is being held; or
���� (6) continue the detention of an individual past the
time the individual would otherwise be eligible for release from custody solely
based on a civil immigration detainer request, unless the detainee:
���� (a) is currently charged with or has ever been
convicted of, adjudicated delinquent, or found not guilty by reason of insanity
of a violent or serious offense as defined in subparagraph (a) of paragraph (5)
of this subsection;
���� (b) has been convicted of an indictable crime other
than a violent or serious offense in the past five years; or
���� (c) is subject to a Final Order of Removal that has
been signed by a federal judge and lodged with the county jail or State prison
where the detainee is being held.�
���� Any detention pursuant to paragraph (6) of this subsection
shall not continue past 11:59 pm on the calendar day on which the person would
otherwise have been eligible for release.
���� d.��� Nothing in subsections b. or c. of this section shall
be construed to restrict, prohibit, or in any way prevent a State, county, or
municipal law enforcement agency or official from:
���� (1) enforcing the criminal laws of this State;
���� (2) complying with all applicable federal, State, and
local laws;
���� (3) complying with a valid judicial warrant or other
court order or responding to any request authorized by a valid judicial warrant
or other court order;
���� (4) participating with federal authorities in a joint
law enforcement taskforce, the primary purpose of which is unrelated to federal
civil immigration enforcement;
���� (5) requesting proof of identity from an individual
during the course of an arrest or when legally justified during an
investigative stop or detention;
���� (6) asking an arrested individual for information
necessary to complete the required fields of a law enforcement fingerprinting
database, including information about the arrestee�s place of birth and country
of citizenship;
���� (7) inquiring about a person�s place of birth on a
correctional facility intake form and making risk-based classification and
assignments in the facility;
���� (8) providing federal immigration authorities with
information that is publicly available or readily available to the public in
the method the public can obtain it;
���� (9) when required by exigent circumstances, providing
federal immigration authorities with aid or assistance, including access to
non-public information, equipment, or resources; or
���� (10) sending to, maintaining, or receiving from federal
immigration authorities information regarding the citizenship or immigration
status, lawful or unlawful, of any individual.
���� e.���� A State, county, or municipal law enforcement
authority shall not enter into, modify, renew, or extend any agreement to
exercise federal immigration authority pursuant to Section 287(g) of the
Immigration and Nationality Act, 8 U.S.C. s. 1357(g), and shall not exercise
any law enforcement authority pursuant to a preexisting Section 287(g)
agreement.
���� f.���� The provisions of this section shall not apply
to law enforcement agencies that currently are party to an Intergovernmental
Service Agreement to detain individuals for civil immigration enforcement
purposes when they are acting pursuant to an agreement.
���� 4.��� a.�������� Every State, county, and municipal law
enforcement agency shall establish procedures for processing requests for
T-visa certifications and U-visa certifications from potential victims of crime
or human trafficking within 120 days of the request being made.� Each law
enforcement agency shall publish information regarding its procedures on its
Internet website.� If the agency does not have an Internet website, then the
procedures shall be published on the municipality�s Internet website, when
feasible.
���� b.� With regard to T-visa certification requests, each
law enforcement agency�s certification procedures shall include a determination
of whether, pursuant to the standards set forth in federal law and instructions
to the U.S. Citizenship and Immigration Services Form I-914 Supplement B, the
requester:
���� (1) is or has been a victim of a severe form of
trafficking in persons; and
���� (2) has complied with requests for assistance in an
investigation or prosecution of the crime of trafficking.
���� c. With regard to U-visa certification requests, each
law enforcement agency�s procedure shall include a determination of whether,
pursuant to the standards set forth in federal law and instructions to the U.S.
Citizenship and Immigration Services Form I-918 Supplement B, the applicant:
���� (1) is a victim of a qualifying criminal activity; and
���� (2) was, is, or is likely to be, helpful in the
investigation or prosecution of that activity.
���� d.��� Notwithstanding the provisions of section 3 this
act, State, county, and municipal law enforcement agencies and officials may
ask any questions necessary to complete a T-visa certification or a U-visa
certification.� A law enforcement agency or official may not disclose the
immigration status of a person requesting a T-visa certification or a U-visa
certification, except to comply with State or federal law or legal process, or
if authorized by the visa applicant.�
���� e.���� Nothing in this section shall be construed to
restrict, prohibit, or prevent a State, county, or municipal 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.
���� 5.��� a.� At a defendant�s initial court appearance
before a judge, the prosecutor shall confirm that the defendant has been
advised on the record that:
���� (1) potential charges and convictions may carry
immigration consequences; and
���� (2) the defendant may have rights to consular
notification pursuant to the Vienna Convention on Consular Relations.
���� b.��� In assessing whether to seek pretrial detention
of an arrestee pursuant to sections 1 through 11 of P.L.2014, c.31 (C.2A:162-15
through C.2A:162-25), the prosecutor shall make an individualized assessment
based on the specific facts presented in each case and shall not assume that a
non-citizen presents a risk of flight.
���� c.���� When evidence of a defendant�s immigration
status is not relevant to the crime charged or to a witness�s credibility, it
shall not be presented to a jury. In the case where proof of a person�s
immigration status is relevant and admissible at trial, the prosecutor shall
not seek to admit this evidence without first raising the issue with the court
outside of the jury�s presence, pursuant to N.J.R.E. 104, and requesting that
the court give an appropriate limiting instruction.
���� d.��� The prosecutor shall consider potential
collateral consequences in attempting to reach a just resolution of the case.�
Nothing in this act shall be construed to require any particular charge or
sentence, to limit prosecutorial discretion in reaching a just resolution of
the case, or to prevent the prosecutor from making any argument at sentencing.
���� 6.��� a. Every State, county, and municipal law
enforcement agency and official shall promptly notify a detained individual, in
writing and in a language the individual can understand, when federal civil
immigration authorities request:
���� (1) to interview the detainee;
���� (2) to be notified of the detainee�s upcoming release
from custody; or
���� (3) to continue detaining the detainee past the time
the detainee would otherwise be eligible for release.
���� b.��� When providing notification, law enforcement
officials shall provide the detainee with a copy of any documents provided by
immigration authorities in connection with the request.
���� c.���� On an annual basis, each State, county, and
municipal law enforcement agency shall report, in a manner to be prescribed by
the Attorney General, any instances in which the agency provided assistance to
federal civil immigration authorities for the purpose of enforcing federal
civil immigration law as set forth in subsection c. of section 3 of this act.�
Each year:
���� (1) any municipal or county law enforcement agency that
provided assistance as set forth in subsection c. of section 3 of this act
during the prior calendar year shall submit a report to the county prosecutor
with details of the assistance provided;
���� (2) each county prosecutor shall compile any reports
submitted by municipal and county law enforcement agencies pursuant to
paragraph (1) of this subsection and submit a consolidated report to the
Attorney General with details of the assistance provided;
���� (3) the New Jersey State Police and all other State law
enforcement agencies that provided assistance as set forth in subsection c. of
section 3 of this act during the prior calendar year shall submit a report to
the Attorney General with details of the assistance provided; and
���� (4) the Attorney General shall publish on the Internet
website of the Department of Law and Public Safety a consolidated report
detailing all instances of assistance by any State, county, and municipal law
enforcement agency, as submitted pursuant to paragraphs (2) and (3) of this
subsection, during the prior calendar year.
���� 7.��� a.� The Division of Criminal Justice in the
Department of Law and Public Safety shall develop a training program for the
purpose of educating State, county, and municipal law enforcement officers
regarding the requirements of this act. �No later than 60 days following the
effective date of this act, the program shall be made available to each State,
county, and municipal law enforcement agency through electronic means.
���� b.��� Every State, county, and municipal law
enforcement officer shall successfully complete the training program
established pursuant to subsection a. of this section no later than 60 days
after it becomes available.
���� c.���� Every State, county, and municipal law
enforcement agency shall adopt or revise existing policies and practices
consistent with the provisions of this act.
���� d.��� Every county prosecutor shall undertake efforts
to educate the public about the provisions of this act, with a specific focus
on strengthening trust between law enforcement and immigrant communities.�
Within 120 days of the effective date of this act each county prosecutor shall
report to the Attorney General on public education efforts.
���� 8.��� This act shall take effect immediately.
STATEMENT
���� This bill codifies the Attorney General directive �Strengthening
Trust Between Law Enforcement and Immigrant Communities.
���� Under the bill, a law enforcement officer is prohibited
from engaging in conduct constituting racially-influenced policing.� In
addition, with certain exceptions, a State, county or municipal law enforcement
agency or officer is prohibited from: 1) stopping, questioning, arresting,
searching, or detaining any individual based solely on actual or suspected
citizenship or immigration status or actual or suspected violations of federal
civil immigration law; or 2) inquiring about the immigration status of any
individual, unless it is necessary for an ongoing investigation of an
indictable offense by that individual and relevant to the offense under
investigation.
���� In addition, with certain exceptions, the bill
prohibits a State, county, or municipal law enforcement agency or officer from
providing certain types of assistance to federal immigration authorities when
the sole purpose is to enforce federal civil immigration law.
���� Further, the bill prohibits a State, county, or
municipal law enforcement authority from entering into, modifying, renewing, or
extending any agreement to exercise federal immigration authority pursuant to
Section 287(g) of the Immigration and Nationality Act and from exercising any
law enforcement authority pursuant to a preexisting section 287(g) agreement.
���� Under the bill, every State, county, and municipal law
enforcement agency is required to establish procedures, which are required to
include certain determinations, for processing requests for T-visa
certifications and U-visa certifications from potential victims of crime or
human trafficking within 120 days of the request being made.� Each police
department is required to post information regarding its procedures on its
Internet website, or if the department does not have an Internet website, on
the municipality�s Internet website, if feasible.
���� In addition, the bill provides that at a defendant�s
initial court appearance before a judge, the prosecutor is to confirm that the
defendant has been advised on the record that potential charges and convictions
may carry immigration consequences and the defendant may have rights to
consular notification pursuant to the Vienna Convention on Consular Relations.�
���� Under the bill, in assessing whether to seek pretrial
detention of an arrestee under current law, the prosecutor is to make an
individualized assessment based on the specific facts presented in each case
and is not to assume that a non-citizen presents a risk of flight.� When
evidence of the defendant�s immigration status is not relevant to the crime
charged or to a witness�s credibility, it is not to be presented to the jury.�
In the case where it is relevant and admissible at trial, the prosecutor is not
to seek to admit the evidence without first raising the issue with the court
outside of the jury�s presence and requesting that the court give an
appropriate limiting instruction.
���� Further, the bill requires every State, county, and
municipal law enforcement agency and official to notify a detained individual,
in writing and in a language the individual can understand, when federal civil
immigration authorities request to interview the detainee, to be notified of
the detainee�s upcoming release from custody, or to continue detaining the
detainee past the time the detainee would otherwise be eligible for release.
���� Also, under the bill, on an annual basis, each State,
county, and municipal law enforcement agency is required to report, in a manner
prescribed by the Attorney General, any instances in which the agency provided
assistance to federal civil immigration authorities for the purpose of
enforcing federal civil immigration law.� Municipal and county law enforcement
agencies are required to submit a report to the county prosecutor, who is then
required to submit a consolidated report to the Attorney General.� The New
Jersey State Police and all other State law enforcement agencies are required
to submit the report to the Attorney General.�� The Attorney General is to post
online a consolidated report detailing all instances of assistance by State,
county, and municipal law enforcement agencies.
���� Finally, the bill requires the Division of Criminal
Justice to develop a training program to explain the requirements of the bill
and requires all State, county, and municipal law enforcement agencies to
provide training to all officers.
���� Codifies AG directive, �Strengthening Trust Between Law
Enforcement and Immigrant Communities.�