The Franklin Reporter & Advocate Eight Villages, One Community
Three bills designed to protect immigrants, reintroduced after they were vetoed by former Gov. Phil Murphy before he left office in December, were reported out of a state Assembly committee February 12.
The Assembly Public Safety and Preparedness Committee – chaired by Franklin resident Assemblyman Joe Danielsen (D-12) – advanced the bills, which aim to strike a balance between individual privacy, due process rights, and public safety by defining the role state, county and local agencies play in relation to federal immigration authorities, limiting data collection by government and health entities, and ensuring law enforcement officers are easily identifiable, according to a press release from Assembly Democrats.
“Law enforcement should always be, first and foremost, partners in community safety, providing support to those who need it,” Danielsen said in the release. “Today’s discussion was pivotal to ensuring that communities feel confident law enforcement is operating with transparency and accountability.”
“With that trust in place, New Jerseyans can send their children to school, visit a food bank, or attend a place of worship with peace of mind,” he said in the release.
A4071 would codify the Attorney General’s “Strengthening Trust Between Law Enforcement and Immigrant Communities” directive, also known as the Immigrant Trust Directive, which has been upheld by state and federal courts.
The directive, sponsored by Assembly members Ellen Park, Verlina Reynolds-Jackson, Gabriel Rodriguez and Annette Quijano, would prohibit state, county and municipal law enforcement agencies from stopping, questioning, arresting, searching or detaining anyone based solely on actual or suspected citizenship or immigration status. It would also prevent these agencies from inquiring about the immigration status of any individual unless it is relevant to the investigation of an indictable offense committed by said individual.
The bill also outlines the distinction between state and local law enforcement and federal immigration authorities, making it clear that New Jersey officers are not responsible for enforcing federal civil immigration law, but instead should remain focused on public safety and state criminal enforcement.
“Our state and local law enforcement officers are vital to keeping New Jersey communities safe, working closely with our schools, business and residents,” Park said in the release. “But amid a seemingly indiscriminate immigration crackdown, we have seen individuals without U.S. criminal convictions—and in some cases, people with protected legal status or even U.S. citizenship—being wrongly caught up in enforcement action.”
“By prohibiting racially-influenced policing by state and local officers, and affirming the distinction between them and federal immigration authorities, we help preserve the trust officers need to serve their communities, making sure everyone—regardless of where they were born or the language they speak—feels comfortable seeking help when they need it,” Park said in the release.
Bill A4070, sponsored by Assemblywomen Quijano and Park and Majority Leader Louis D. Greenwald, would establish limits on how and when state and local governments and health care facilities collect and retain personal information.
Known as the “Privacy Protection Act,” the bill recognizes that unrestricted sharing of sensitive data can discourage people from seeking needed services. The legislation would limit the collection of information such as citizenship status, place of birth, Social Security number, or taxpayer ID to situations where it is necessary to determine eligibility for or to administer a public service, benefit, or program, or professional qualifications and licensure. The bill also places restrictions on when the Motor Vehicle Commission would be permitted to share personal data on drivers.
“When you give the government your personal information, you do so with the understanding that it will be used only for the specific purpose you authorized,” Quijano said in the release. “You do not consent to it being publicly shared or sold to the highest bidder. If that trust is violated, you have a right to know.”
“This bill goes beyond reaffirming your right to data privacy,” he said in the release. “It makes clear that we stand by our Constitution, and that individual privacy and due process rights will not be undermined or ignored.”
The committee also advanced a bill establishing the “Law Enforcement Officer Protection Act.” Sponsored by Assembly members Reynolds-Jackson, Quijano, Alixon Collazos-Gill and Rodriguez, A1743 would require law enforcement officers—including federal officers—operating in New Jersey to reveal their facial identities while performing official duties.
The bill would also require them to present sufficient identification prior to arresting or detaining someone. To ensure the safety of law enforcement, exemptions would be made in some situations, including if the officer is engaged in certain tactical operations or is the subject of a threat of retaliation. Masks would also be allowed to protect against exposure to biological or chemical agents, or exposure to cold during a weather emergency.
“We all have rights—citizens and noncitizens alike— and when a law enforcement agent stops you, you have the right to know who they are, who they work for, and why they are stopping you, all before you’re detained or arrested,” Reynolds-Jackson said in the release.
“There have been verified accounts of criminals impersonating ICE to rob, kidnap, or sexually assault people. We can stop this before it becomes a pattern,” she said.
“This bill is about public safety, and previous Republican proposals indicate bipartisan support,” she said in the release. “Legislation like this helps build community trust in law enforcement while ensuring officers can perform their duties safely and within the bounds of the law.”
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