New Jersey Activists Support Immigration Trust Act Amid Anti-Immigrant Sentiment.
As harsh anti-immigrant rhetoric takes center stage in national politics, activists in New Jersey are celebrating a new bill in Trenton that aims to restrict how immigration status information is collected.
The proposed legislation, known as the Immigrant Trust Act, would prevent government agencies and hospitals from inquiring about an individual’s immigration status unless it is necessary for determining eligibility for benefits. The bill also reinforces a 2019 order from the New Jersey Attorney General’s Office, which prohibits law enforcement from detaining individuals based on their immigration status or suspected violations of federal immigration laws.
During a press conference in Newark on Wednesday, advocates praised the bill, stating that it would alleviate the fears of immigrants who often avoid seeking legal assistance or public services due to concerns about their immigration status being exposed.
“Despite New Jersey’s rich diversity, too many immigrants live in fear that a visit to the emergency room, a routine interaction with law enforcement, or even dropping off a child at school could lead to separation from their families or deportation,” said Ami Kachalia, a campaign strategist with the American Civil Liberties Union of New Jersey.
The bill builds on an existing statewide policy, also called the Immigrant Trust Act, implemented by the Attorney General in 2019. This policy prohibits officers from stopping, questioning, arresting, searching, or detaining anyone based solely on their actual or suspected immigration status. Additionally, it prevents law enforcement from sharing resources related to immigration with federal authorities.
New safeguards are included in the new bill, which requires the Attorney General’s Office to develop policies for “sensitive locations.” These include places like healthcare centers, public schools, libraries, and shelters, where individuals can access vital services. The policies would restrict officials in these locations from collecting information regarding immigration status, birthplace, or taxpayer identification unless it is essential for the service being provided.
Immigration enforcement officials would be barred from these sensitive locations, although it remains unclear whether U.S. Immigration and Customs Enforcement (ICE) would need to comply with this rule. Sensitive locations would have 180 days to implement the Attorney General’s policies.
The bill is sponsored by Democratic Sen. Gordon Johnson and Assemblywoman Ellen Park from Bergen County. Park, who immigrated to the U.S. from Korea at the age of six, empathizes with the challenges that immigrant families face.
“This is not just about policy. This is about fostering a culture of trust and safety for all residents of New Jersey, regardless of their place of birth,” Park stated.
New Jersey is home to nearly 2 million immigrants, with around 420,000 being undocumented. A study by the Urban Institute revealed that in 2023, one in four adults from mixed-status families avoided public benefit programs like Medicaid and food assistance. According to New Jersey Policy Perspective, as many as 700,000 New Jerseyans belong to mixed-status families.
Amid a rising wave of anti-immigrant sentiment during this year’s presidential race, particularly from Republicans supporting Donald Trump, advocates see the Immigrant Trust Act as a vital response. Recent inflammatory claims, including derogatory remarks about Haitians and Trump’s assertion that crime rates stem from immigrants with “bad genes,” highlight the urgency of this legislation. Supporters argue that the bill also addresses the increase in immigration detentions under the Biden administration.
Despite the challenges other bills aimed at protecting immigrants have faced in Trenton, advocates and lawmakers are hopeful for the passage of the Immigrant Trust Act. They attribute this optimism to the political climate in New Jersey and growing momentum for immigrant protections.
Sen. Johnson condemned the misinformation spread by certain politicians, calling it “disgusting.” He believes that public sentiment has shifted, making it the right time to pass this legislation. “People are tired of hearing that, so now is the time to get this through our Legislature and persuade my colleagues that this is essential,” he said.
Johnson highlighted the personal impact of the bill by sharing the story of Ana Vasquez, an undocumented immigrant who feared seeking help after experiencing sexual abuse from a coworker. She worried that reporting the crime could lead to deportation. Vasquez noted that six other coworkers faced similar abuse but hesitated to speak out due to their immigration status. Eventually, one coworker reported the abuse, encouraging the others to seek legal assistance.
“This issue continues to affect the immigrant community. We need the Immigrant Trust Act for our safety,” Vasquez said, adding that it would allow immigrants to live without fear and provide them with the same security as any other resident in New Jersey.
Under the proposed legislation, the Attorney General would need to inform all law enforcement agencies of policy changes and develop training materials within 180 days of the bill’s passage. Officers would be required to complete this training within one year of the bill becoming effective.
Additionally, law enforcement agencies would have to submit annual reports to the Attorney General detailing their interactions with immigration authorities, including any transfer or detainer requests. The Attorney General’s Office would publish this information on its website within 90 days and provide a report to the governor and Legislature.
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