New Jersey lawmakers approved a package of three bills this week that would sharply limit cooperation between state and local authorities and federal immigration officers, a move Republicans say unlawfully interferes with federal authority and mirrors a growing Democrat-led effort nationwide to curb Immigration and Customs Enforcement.
“You want boundaries that legally can’t be crossed to protect criminal aliens who couldn’t respect our legal borders themselves,” state Assemblyman Paul Kanitra, a Republican from Ocean County, said during a nearly 10-hour voting session in the Garden State on Monday.
The legislation, passed largely along party lines, would codify and expand the state’s 2018 Immigrant Trust Directive, which restricts when police can assist ICE and limits how government entities collect and share personal data. The bills now head to Gov. Phil Murphy’s (D-NJ) desk as he prepares to leave office Jan. 20.
A representative for Murphy’s office declined to tell the Washington Examiner if and when he plans to sign the legislation.
Supporters of the Trump administration‘s immigration crackdown say the proposed measures effectively establish New Jersey as a sanctuary state and invite constitutional challenges under the Constitution’s supremacy clause, which provides that federal law takes precedence over state law.
The Department of Homeland Security echoed those concerns, sharply criticizing New Jersey lawmakers for advancing what it described as dangerous sanctuary-style policies.
“Through these sanctuary policies New Jersey politicians are protecting murderers, pedophiles, rapists, gang members, and terrorists,” a DHS spokesperson told the Washington Examiner. “Remember, New Jersey is the same state that allowed a criminal illegal alien onto American streets who killed a mother and 11-year-old daughter while drunk driving.”
The spokesperson added that attacks on immigration enforcement are putting officers at risk.
“These politicians should be grateful to our brave law enforcement officers for cleaning up their streets by arresting criminal illegal aliens—not bashing them online and peddling false narratives about them,” the spokesperson said, citing a reported 1,300% increase in assaults against ICE officers.
In a press release on Thursday, America First Policy Institute of New Jersey said the legislation entrenches sanctuary policies that obstruct federal immigration enforcement while imposing high costs on taxpayers and indicated it is reviewing legal options if the bills are signed into law.
“New Jersey lawmakers just voted to advance policies that shield illegal immigrants from accountability, even as those same policies cost New Jersey families at least $7.3 billion every year,” said Matthew T. Rooney, executive director of AFPI–New Jersey, citing a 2024 estimate that nearly 900,000 illegal immigrants reside in the state, costing more than $2,100 per household annually.
Under the New Jersey legislation, law enforcement would be prohibited from asking about immigration status unless directly relevant to a criminal investigation, barred from honoring ICE detainer requests without a judicial warrant, and restricted from assisting federal civil immigration enforcement in designated “safe zones,” such as hospitals, schools, shelters, places of worship, and courthouses. Prosecutors would also face new limits on referencing immigration status in court.
Republican New Jersey state Sen. Anthony Bucco warned that cutting local police out of immigration enforcement could make encounters more dangerous rather than safer, according to NJ.com.
“They could assist and eliminate that chaos and fear, so it just doesn’t make any sense to put those agencies in silos,” Bucco said.
Democrats defended the legislation by pointing to a recent fatal shooting involving an ICE officer in Minneapolis, arguing the incident underscores a breakdown in trust between immigrant communities and federal authorities. State Sen. Raj Mukherji, a Democratic sponsor, said communities of color increasingly fear being targeted, even when they are U.S. citizens.
Additionally, the Department of Homeland Security has published a document titled “Guidance on State and Local Assistance in Federal Immigration Enforcement” that addresses how immigration officials handle states with laws conflicting with their federal priorities. It explicitly notes that federal immigration law and enforcement take precedence under the Constitution’s supremacy clause and outlines how cooperation or noncooperation should be handled.
DHS officials also pointed to recent enforcement activity in New Jersey as evidence that ICE operations are ongoing despite state-level resistance. Assistant Secretary Tricia McLaughlin told the Washington Examiner that ICE arrested 11 illegal immigrants during routine enforcement actions in Morristown on Jan. 11, several of whom had felony offenses.
“All individuals are currently detained, and either in removal proceedings or in the process of being removed from the United States in accordance with U.S. immigration law,” she said.
McLaughlin also encouraged illegal immigrants to self-deport using the CBP Home app, noting the federal government is offering $1,000 and a free flight home to those who voluntarily depart.
In response to a request for comment, a spokesperson from the Justice Department responded by saying, “Shame on New Jersey elected officials for choosing to protect criminal aliens over the safety of their citizens.”
“The Department of Justice has already sued several New Jersey cities over unlawful sanctuary policies and will continue to bring litigation against any jurisdiction that impedes federal immigration enforcement efforts,” the spokesperson added, a sign that more lawsuits could come against the state in light of its recent legislative push.
The Garden State’s push for an anti-ICE bill comes as Democratic lawmakers in other blue states pursue similar efforts. In New York, proposals would allow individuals to sue federal immigration officers and require warrants for enforcement actions in sensitive locations such as schools and hospitals. Oregon Democrats plan to introduce legislation allowing residents to sue federal officers for alleged Fourth Amendment violations. California lawmakers are advancing bills to block immigration arrests at courthouses and prohibit state and local officers from serving in roles with the DHS.
ICE DEPUTY DIRECTOR RESIGNS TO RUN FOR CONGRESS IN OHIO
The Trump administration has warned that noncooperation policies force ICE officers to make arrests in the community rather than at jails, increasing risks to officers and the public.
If passed, New Jersey’s bills may serve as an early legal test of how far states can go before courts step in to enforce federal supremacy, as similar measures are emerging from Democrat-run states.
