WASHINGTON, DC – JUNE 15: Immigration advocates rally to urge Congress to pass permanent protections for DACA recipients and create a pathway to citizenship, near the U.S. Capitol June 15, 2022 in Washington, DC. In 2012, President Barack Obama and his administration introduced the Deferred Action for Childhood Arrivals (DACA) program, protecting eligible immigrants who came to the United States as children from deportation. In 2020, the U.S. Supreme Court upheld the DACA initiative in a 5-4 ruling. (Photo by Drew Angerer/Getty Images)
As harsh anti-immigrant rhetoric dominates the national political conversation, New Jersey activists are applauding new legislation in Trenton that would limit where and how immigration status information can be collected.
The bill, known as the Immigrant Trust Act, would prohibit government agencies and hospitals from asking about someone’s immigration status, unless required for benefits eligibility. The measure would also codify a 2019 order from the state Attorney General’s Office that bars law enforcement from stopping someone based on their immigration status or suspected violations of federal immigration law.
At a press conference in Newark Wednesday, advocates praised the proposed legislation as one that would help ease the anxieties of immigrants who often don’t seek legal help or access public services out of fear of their immigration status being discovered.
“Despite New Jersey’s rich diversity, far too many immigrant New Jerseyans and their families live in fear that a visit to the emergency room, a routine interaction with law enforcement, or even a school drop-off will result in separation from their loved ones or deportation,” said Ami Kachalia, campaign strategist with the American Civil Liberties Union of New Jersey.
The bill would build on an existing statewide effort with the same name, a 2019 policy issued by the state attorney general that bars officers from stopping, questioning, arresting, searching, or detaining any person based solely on their actual or suspected immigration status. It also prohibits law enforcement from sharing immigrant-related resources or databases with federal immigration officials.
The measure would also create new safeguards, like requiring the Attorney General’s Office to develop policies for “sensitive locations.” Those would be places where people can access certain services or interact with government workers, like health care centers, public schools, libraries, and shelters. The policies would prohibit officials in those places from collecting information about immigration status, birthplace, or taxpayer identification, unless necessary for the services being sought.
Immigration enforcement officials would be barred from these locations in areas not open to the public. It’s unclear whether U.S. Immigration and Customs Enforcement would have to comply with this provision, but sensitive locations would have 180 days to adopt the attorney general’s policies.
Assemblywoman Ellen Park (Dana DiFilippo | New Jersey Monitor)
The bill is sponsored by Sen. Gordon Johnson and Assemblywoman Ellen Park, both Bergen County Democrats. Park, who immigrated to America from Korea at age 6, said she understands the uncertainty and challenges immigrant families face.
“This is not just about the policy. This is about creating a culture of trust and safety for all New Jersey residents regardless of where they are born,” Park said.
New Jersey is home to nearly 2 million immigrants, including an estimated 420,000 undocumented immigrants. A study from the Urban Institute found that across the country in 2023, one in four adults in mixed-status families avoided public benefits programs such as Medicaid, food assistance, and housing assistance programs. As many as 700,000 New Jerseyans are members of a mixed-status family, according to New Jersey Policy Perspective.
In the final weeks of this year’s presidential race, anti-immigrant sentiment has risen as Republicans seek Donald Trump’s return to the White House, from racist and unfounded claims about Haitians eating pets to Trump suggesting crime rates are due to immigrants with “bad genes.” Supporters of the bill say the Immigrant Trust Act is a direct response to not only the shifting political landscape, but to the rise in immigration detention under the Biden administration.
Advocates and lawmakers are optimistic the bill will pass, despite the uphill battle other bills protecting immigrants and migrant workers have faced in Trenton. They attribute some of that confidence to the political climate and momentum in New Jersey to protect immigrants.
Sen. Gordon Johnson (Hal Brown for New Jersey Monitor)
Johnson said the misinformation from certain politicians is “really disgusting.”
“I think people are tired of hearing that, so I think now is the time to get this through our Legislature and convince my colleagues in both houses that this is something that has to get through and get to the governor’s desk,” he said.
He said the bill would help people like Ana Vasquez, an undocumented immigrant who shared her experience of being scared to seek out legal services or local authorities after being sexually abused at the hands of a coworker. She was worried that reporting it could lead to deportation, she said.
Six other coworkers were also being abused, she said through tears, and they felt like people might not believe them due to their immigration status. After some time, one coworker reported it, which empowered them all to share their story with an attorney, she said.
“This problem persists in the immigrant community. We need this law, the Immigrant Trust Act, for the security in our community,” Vasquez said. “It would allow us to live without fear, and it would give us the same security that is given to any resident of New Jersey.”
Under the legislation, the attorney general would be required to notify all law enforcement agencies about changes in policy under the bill, and to develop training and guidance within 180 days of the bill’s signing. Officers would be required to complete that training within one year of the bill’s effective date.
Law enforcement agencies would be mandated to submit annual reports to the attorney general on their interactions with immigration authorities, including transfer and detainer requests. The Attorney General’s Office must publish that information on its website within 90 days and send a report to the governor and Legislature.
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