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NJ lawmakers look to clamp down on cooperation with ICE in Murphy's final days
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Ryan Kost
Published Jan 8, 2026
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By
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Published Jan 8, 2026
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New Jersey lawmakers are working to lock in the state’s limits on cooperating with federal immigration enforcement during a fast-moving lame duck session — but the legislation being debated in Trenton would do more than simply codify an existing attorney general directive.
Law enforcement officials in New Jersey are currently allowed to share information with U.S. Immigration and Custom Enforcement if a person has been charged with certain violent offenses or is subject to a final order of removal — even if the person is never found guilty.
The new measures would require that a person be convicted of a crime before their information is disclosed to federal immigration authorities.
Supporters say the changes are aimed at closing loopholes that allow people to be funneled into deportation proceedings before their criminal cases are resolved — a dynamic they argue undermines due process, discourages crime reporting and, in some cases, prevents courts from adjudicating the charges.
“ Our equal protections, our due process has been thrown out the window,” said Assemblymember Ellen Park, who is sponsoring two of three bills aimed at limiting cooperation with the federal government. “This is just to reiterate that that is the law of the land that anyone is innocent until proven guilty.”
The push comes just weeks before Gov.-elect Mikie Sherrill takes office. During the campaign, Sherrill cautioned lawmakers against turning the current Immigrant Trust Directive into state law, arguing it could open the policies to court battles.
“If this goes up to the Supreme Court, which it likely will, then that overturns other states’ mandates for how they're protecting people,” Sherrill said during a candidate discussion hosted by WNYC and NJ Spotlight News in May.
Neither Sherrill nor current Attorney General Matthew Platkin returned requests for comment. Gov. Phil Murphy's office declined to comment.
The codification is part of a three-bill package that, in addition to limiting data-sharing, would restrict police stops based on suspected immigration status and designate sensitive locations, such as schools and hospitals, where staff could not assist ICE and the state would bar immigration enforcement. The Trump administration has put aside previous ICE policy that generally prevented immigration enforcement actions in sensitive locations.
The changes to the directive itself could have far-reaching implications, immigrant rights advocates told Gothamist. Under the current directive, advocates say clients have been arrested, only to see their charges later dropped.
“But it really doesn’t matter because ICE was there to pick the person up,” said Katy Sastre, executive director of First Friends of New Jersey and New York. “The person was detained and deported while the charges were dropped.”
Sastre also raised concerns about the current directive’s exception for those with final orders of removal, a category she said applies to thousands of people who may not realize it, including cases where orders were issued outside of court hearings.
Once someone is in immigration detention, Sastre and others said, cases can effectively stall. ICE officials have come under fire for years for failing to produce people for municipal or criminal court appearances, making it difficult for cases to be adjudicated.
Alexandra Gonçalves Peña, who directs the immigrant rights program at American Friends Service Committee, said she’s seen the same thing happen. Her group, she said, has also represented domestic violence survivors who were arrested during chaotic police responses and later faced immigration consequences, even when they were seeking protection.
The legislation, which was introduced over the weekend, is moving quickly in Trenton. The package would need final approval from both chambers before the lame-duck session concludes next Tuesday, about a week before Sherrill takes office, potentially giving Murphy time to sign it. Park said the urgency is driven partly by growing fear among immigrant communities and a sense that trust in law enforcement has been eroding as the Trump administration pushes for a record number of deportations.
Dozens of people offered testimony along those lines during a packed Assembly hearing on the package of bills earlier this week.
Among them was Ana Vasquez, who was there with immigrant resource group Wind of the Spirit.
“ICE has always been a source of fear for me, but now more than ever,” she told the Judiciary Committee in Spanish. “One day while I was coming home from work, I saw three ICE vests taking someone away in handcuffs. They pulled him out of his car. Another neighbor went for coffee and never came back.”
Other advocates from the New Jersey ACLU, Make the Road New Jersey and the New Jersey Coalition to End Domestic Violence spoke about clients who were hesitant to seek out medical care, enroll in school, attend court hearings or go to religious services.
Monmouth County Prosecutor Raymond Santiago, a Murphy appointee, also spoke in favor of the legislation. He told the committee that he has spoken to police officers who said years of goodwill had been erased during the course of the past year.
He also described a recent case in which he’d asked ICE to hold off on deporting a person facing first-degree sexual assault charges. Officials told Santiago that they had regular flights to Honduras and the person would be deported within the week.
“I've had victims that reached out because they didn't get a sense of justice that a case was not concluded,” Santiago said, adding that the defendant should also “have the right to exercise their due process rights.”
No member of the public spoke in opposition to the legislation, but Republican lawmakers on the committee pressed supporters to produce specific examples — Assemblymember Victoria Flynn told the crowd that she couldn’t legislate based on “anecdotal information” — and expressed doubt the legislation would withstand legal challenges.
“ This is not going to bear constitutional muster,” Assemblymember Robert Auth said at one point.
Auth also questioned why the package of laws was necessary.
“What's causing the fear? If you're a citizen and you go to court, you're supposed to get equal justice, right? If you're here as a resident alien, you go to court, you get equal justice, right?” he said.” So what is the problem?”
The crowd jeered in response.
Ultimately the package passed the Judiciary Committee vote along party lines. The legislation will be discussed further at an Assembly Appropriations Committee hearing Thursday.
Tagged
Politics
immigration
new jersey
public safety
Ryan Kost
Ryan Kost is a reporter on the day-of news desk, where he covers breaking news and writes enterprise stories about jails, courts, prosecutors and government accountability. His work focuses on the public institutions that shape life in New York. Before joining the newsroom, he lead a multi-part investigation with Columbia Journalism Investigations and New York Focus into how New York prosecutors handle wrongful conviction claims. He's also been a staff writer at The San Francisco Chronicle, The Associated Press and The Oregonian. Got a tip? Signal: ryankost.20
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Gothamist is funded by sponsors and member donations
Gothamist is funded by sponsors and member donations
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