A4911

An Act concerning immigration enforcement in public schools and supplementing chapter 38 of Title 18A of the New Jersey Statutes.

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

1. As used in this act:

“Civil immigration warrant” means any warrant for a violation of federal civil immigration law issued by United States Immigration and Customs Enforcement, United States Customs and Border Protection, or any division or subsidiary of the United States Department of Homeland Security or its successor agencies that is not approved or ordered by a federal Article III judge or magistrate judge, or the State equivalent, including administrative warrants entered into the Federal Bureau of Investigation’s National Crime Information Center database.

“Federal immigration authorities” means one or more officers, employees, or persons otherwise paid by or acting as agents of United States Immigration and Customs Enforcement, United States Customs and Border Protection or any division thereof, or one or more other officers, employees, or persons otherwise paid by or acting as agents of the United States Department of Homeland Security or its successor agencies charged with immigration enforcement.

“Governing body” means the board of education of a school district, a board of trustees of a charter school, or a board of trustees of a renaissance school project.

“Immigration enforcement” means any effort to investigate, enforce, or assist in the investigation or enforcement of any federal civil immigration law, and includes any effort to investigate, enforce, or assist in the investigation or enforcement of any violations of Title 8 of the United States Code.

“Judicial warrant” means a warrant based on probable cause and issued by a federal Article III judge or magistrate judge, or the State equivalent, that authorizes federal immigration authorities to search a location or take into custody the person who is the subject of the warrant.

“Public school” means a school located in the State, under collegiate grade, which derives its support entirely or in part from public funds and is operated by the governing body of a school district, charter school, or renaissance school project.

2. a. The Commissioner of Education, in consultation with the Attorney General, shall prepare a model policy concerning the responsibilities of a public school, or employee thereof, when interacting with federal immigration authorities or in connection with an immigration enforcement action.

b. The model policy shall, at a minimum and in accordance with federal and State law, prohibit a public school, or employee thereof, from:

(1) maintaining, using, or disclosing any student record or personal information concerning the immigration status or place of birth of a student or a student’s parent or guardian;

(2) facilitating, through use of public school moneys, facilities, property, equipment, or personnel, an investigation into the immigration status or place of birth of a student or a student’s parent or guardian;

(3) permitting federal immigration authorities into areas of school property not open to the general public;

(4) participating in civil immigration enforcement operations;

(5) providing access to an employee, student, or parent or guardian of a student for an interview; and

(6) facilitating or complying with civil immigration warrants and other requests from federal immigration authorities.

c. The commissioner shall publish the model policy on the Department of Education’s Internet website and provide a copy of the model policy to the governing body of each public school in the State within 90 days of the effective date of this act.

d. The governing body of a public school shall adopt the model policy prepared by the commissioner pursuant to subsection a. of this section within 180 days of the effective date of this act. The governing body of a public school that maintains a policy concerning school or employee interaction or involvement with federal immigration authorities and immigration enforcement actions as of the date of enactment of this act may submit a request to the commissioner for an exemption to the provisions of this subsection, provided the policy offers substantially similar protections as the policy developed by the commissioner pursuant to this section.

e. Nothing in this section shall prevent any public school from responding to a valid judicial warrant, court order, or writ issued by a federal Article III judge or magistrate judge, or the State equivalent.

f. Nothing in this section shall be construed to prohibit, or in any way restrict, any action where the prohibition or restriction would be contrary to federal law.

3. This act shall take effect immediately.

STATEMENT

This bill establishes protections for immigrant students and their families. Under the bill, the Commissioner of Education, in consultation with the Attorney General, is required to prepare a model policy concerning the responsibilities of a public school, or public school employee, when interacting with federal immigration authorities or in connection with an immigration enforcement action.

The model policy would, at a minimum and in accordance with federal and State law, prohibit a public school, or public school employee, from:

· maintaining, using, or disclosing any student record or personal information concerning the immigration status or place of birth of a student or a student’s parent or guardian;

· facilitating, through the use of public school moneys, facilities, property, equipment, or personnel, an investigation into the immigration status or place of birth of a student or a student’s parent or guardian;

· permitting federal immigration authorities into areas of school property not open to the general public;

· participating in civil immigration enforcement operations;

· providing access to an employee, student, or parent or guardian of a student for an interview; and

· facilitating or complying with civil immigration warrants and other requests from federal immigration authorities.

Under the bill, the commissioner is required to publish the model policy on the Department of Education’s Internet website and provide a copy of the model policy to the governing body of each public school in the State within 90 days of the bill’s effective date. The governing body of a public school is then required to adopt the model policy prepared by the commissioner within 180 days of the bill’s effective date. The bill permits the governing body of a public school that maintains a policy concerning school or employee interaction or involvement with federal immigration authorities and immigration enforcement actions as of the date of the enactment of the bill to submit a request to the commissioner for an exemption to the model policy requirement, provided the policy offers substantially similar protections as the policy developed by the commissioner.

The bill provides that nothing in the bill is to prevent any public school from responding to a valid judicial warrant, court order, or writ issued by a federal Article III judge or magistrate judge, or the State equivalent. Finally, the bill also provides that nothing in the bill would be construed to prohibit, or in any way restrict, any action where the prohibition or restriction would be contrary to federal law.