S4302

An Act concerning law enforcement procedures and repealing P.L.2021, c.199.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. This act shall be known and may be cited as the “New Jersey Laken Riley Act.”

2. a. The provisions of this section shall apply to every case involving the arrest of a person by a law enforcement officer where:

(1) the person is charged with:

(a) any crime of the first, second, third, or fourth degree pursuant to Title 2C of the New Jersey Statutes;

(b) any motor vehicle violation pursuant to Title 39 of the Revised Statutes involving bodily injury to another person;

(d) any crime defined as a serious criminal offense pursuant to subsection h. of 8 U.S.C. s.1101; or

(e) any crime defined as a crime of violence pursuant to 8 U.S.C. s.16; and

(2) the person is not:

(a) a citizen, national, or lawful permanent resident of the United States;

(b) a person authorized to be present in the United States pursuant to the Deferred Action for Childhood Arrivals program, 8 C.F.R. s.236.21 et seq., the Violence Against Women Act of 1994, Title IV of Pub.L.103-222, as amended, or the Trafficking Victims Protection Act of 2000, 22 U.S.C. s.7101 et seq.; or

(c) a person authorized to be present in the United States pursuant to any grant of asylum, refugee status, temporary protected status, or other humanitarian relief under federal law.

b. In order to determine the applicability of paragraph (2) of subsection a. of this section, a law enforcement officer may make an inquiry to the United States Department of Homeland Security pursuant to 8 U.S.C. s.1373. The law enforcement officer may provide any relevant identifying information about the person under arrest which may aid in determining the person’s immigration status. If the law enforcement officer receives a response confirming that the person under arrest is unlawfully present in the United States, and such response is accompanied by an immigration detainer request, the law enforcement officer shall comply with the request.

c. Upon a law enforcement officer’s determination that a person under arrest is subject to subsection a. of this section, the law enforcement officer shall so notify the prosecutor.

Upon receipt of a notification pursuant to this subsection, a prosecutor shall make a motion before the court, pursuant to section 5 of P.L.2014, c.31 (C.2A:162-19), for the pretrial detention of the person under arrest.

d. Notwithstanding the provisions of P.L.2014, c.31 (C.2A:162-15 et seq.) to the contrary, there shall be a presumption, rebuttable by clear and convincing evidence, of pretrial detention of any person arrested subject to subsection a. of this section.

e. If it appears to the prosecutor that the deportation of a person arrested subject to subsection a. of this section will adversely affect the investigation or prosecution of the crime for which the person has been arrested, or will prevent the person from providing relevant information or serving as a material witness for the investigation or prosecution of another crime, the prosecutor may seek a stay of removal as provided for under federal law.

f. To facilitate the implementation of the provisions of this section, a law enforcement agency may enter into a voluntary agreement with the Attorney General of the United States pursuant to subsection g. of 8 U.S.C. s.1357. For the purposes of paragraph 5 of Section II of Article VIII of the State Constitution, the costs associated with such an agreement incurred by a county or local law enforcement agency shall not be deemed to be an unfunded mandate.

g. Upon the effective date of this section, the Attorney General of this State shall repeal or rescind every rule, regulation, directive, guideline, or policy that is not consistent with the legislative intent of P.L. , c. (pending before the Legislature as this bill). Any rule, regulation, directive, guideline, or policy intended to implement the provisions of P.L. , c. (pending before the Legislature as this bill) shall be promulgated by the Attorney General only in accordance with the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), and shall be subject to review by the Legislature pursuant to paragraph 6 of Section IV of Article V of the State Constitution.

3. P.L.2021, c.199 (C.30:4-8.15 and C.30:4-8.16) is repealed.

4. This act shall take effect on the first day of the third month next following enactment.

STATEMENT

This bill, to be known as the “New Jersey Laken Riley Act,” establishes law enforcement procedures for cases where an alien unlawfully present in the United States is arrested and charged with certain crimes.

Under the bill, an alien who is confirmed by the United States Department of Homeland Security (DHS) to be an alien unlawfully present in the United States, and who is arrested for certain crimes, is presumed to require pretrial detention, notwithstanding the State’s Criminal Justice Reform Law (also known as “bail reform”). The applicable crimes are any indictable crime of the first, second, third, or fourth degree; any motor vehicle violation involving bodily injury to another person; or any crime defined under federal law as an aggravated felony, serious criminal offense, or crime of violence.

Additionally, the bill reforms certain law enforcement practices concerning illegal immigration. First, the bill expressly authorizes and requires law enforcement officers to comply with immigration detainers requested by DHS. Second, the bill expressly authorizes law enforcement agencies to enter into voluntary agreements with federal authorities to provide immigration enforcement services. Third, the bill repeals the law banning prisons and jails in this State from serving as immigration detention facilities. Finally, the bill directs the Attorney General to rescind A.G. Directive 2018-6 v.2.0, commonly known as the “Immigrant Trust Directive,” which was issued on Sept. 27, 2019.

Through this bill, it is the intent of the sponsor to align State law with federal immigration law, particularly the federal Laken Riley Act, Pub.L.119-1, signed into law by the President on January 29, 2025.