S3813

An Act concerning public land and immigration enforcement, supplementing Title 52 of the Revised Statutes, and making an appropriation.

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

1. The Legislature finds and declares that:

a. New Jersey is committed to ensuring the safety, dignity, and human rights of all residents, regardless of race, religion, immigration status, or national origin.

b. Federal immigration enforcement activities have historically undermined community trust, spread fear, and created barriers to accessing essential services provided by local government entities.

c. Our State has long recognized that public safety is best achieved through trust and collaboration between residents and government, not through the militarization or deputization of local resources in service of federal immigration enforcement.

d. The unauthorized use of local government resources, such as property and personnel, to facilitate federal immigration enforcement actions interferes with the authority municipalities, counties, and the State have over their own property and personnel.

e. Therefore, it is in the public interest to prohibit the use of locally owned or controlled public lands for federal immigration enforcement.

2. a. As used in this act:

“Director” means the Director of the Division of Local Government Services in the Department of Community Affairs.

“Staging area” means a space that is used to assemble, mobilize, or deploy vehicles, equipment, or materials and related personnel for the purpose of carrying out federal immigration enforcement operations.

b. A publicly owned or publicly controlled parking lot, vacant lot, or garage shall not be used as a staging area, processing location, or operations base for immigration enforcement.

c. Subsection b. of this section shall not be applicable to a property that is subject to an existing lease or concession agreement to which the State or a political subdivision of the State is a party.

d. The director shall identify all public lands held by a municipality, a county, or the State that has been used or is likely to be targeted for use in violation of subsection b. of this section.

e. The director shall issue to the controlling authority for each property identified pursuant to subsection d. of this section guidelines instructing that:

(1) where appropriate, physical barriers such as locked gates shall be used to limit access to the property; and

(2) a public employee who becomes aware of a violation or attempted violation of subsection b. of this section shall inform the employee’s supervisor or the director.

f. The director shall prepare and issue to the controlling authority of each area identified pursuant to subsection d. of this section signage stating the following:

“THIS PROPERTY IS OWNED AND CONTROLLED BY THE MUNICPALITY, COUNTY, OR STATE. IT MAY NOT BE USED FOR IMMIGRATION ENFORCEMENT AS A

STAGING AREA,

PROCESSING LOCATION,

OR OPERATIONS BASE.”

3. a. The director shall, upon the request of an eligible private landowner or leaseholder of a parking lot, vacant lot, or garage, issue standardized signage indicating that the designated property may not be used for immigration enforcement as a staging area, processing location, or operations base.

b. A private landowner or leaseholder shall be eligible for signage issued pursuant to subsection a. of this section if the property owner or leaseholder is a business, faith institution, medical services provider, or a nonprofit corporation as defined by section 3 of P.L.1987, c.431 (C.17:49A-3).

c. Only one sign shall be issued for a property pursuant to this section, for which the private landowner or leaseholder shall not be charged a fee.

d. A private landowner or leaseholder who posts signage issued pursuant to this section shall assume any legal obligation incurred as a result of the display of the sign.

4. The Commissioner of Community Affairs shall, in consultation with the Attorney General, publish on the Internet website of the Department of Community Affairs information concerning the rights of tenants, employees, and security staff of publicly owned or publicly controlled property with regard to the entry of federal immigration authorities.

5. a. Nothing in this act shall be construed to restrict or interfere with the execution of judicial warrants in the enforcement of criminal law or limit the rights of any person or entity under State or federal law.

b. Nothing in this act shall be construed to prohibit the lawful use of publicly owned or publicly controlled property for a purpose other than a staging area, processing location, or operations base for immigration enforcement.

6. There is appropriated from the General Fund to the Division of Local Government Services in the Department of Community Affairs such sums as shall be necessary to implement the provisions of this act.

7. This act shall take effect immediately.

STATEMENT

This bill prohibits the use of publicly owned or controlled property for certain immigration enforcement activities.

Under the bill, a parking lot, vacant lot, or garage that is owned or controlled by a municipality, a county, or the State is prohibited from being used as a staging area, processing location, or operations base for immigration enforcement. The bill defines a staging area as an area that is used to assemble, mobilize, or deploy vehicles, equipment, or materials and related personnel for the purpose of federal civil immigration operations.

The bill requires the Director of the Division of Local Government Services in the Department of Community Affairs to identify all public land held by a municipality, county, or the State that has been used or is likely to be targeted for use for immigration enforcement as a staging area, processing location, or operations base. The director is required to prepare and issue signs for placement on identified public spaces indicating that the property is owned or controlled by a municipality, a county, or the State and may not be used for immigration enforcement. The bill also requires the director to issue to the controlling authority for each identified space guidance specifying that physical barriers, such as locked gates, are to be used where appropriate to limit unauthorized access.

The bill further requires the director to prepare and issue, upon request by eligible property owners or leaseholders, signage indicating that a private parking lot, vacant lot, or garage is not to be used for immigration enforcement. Under the bill, eligible property owners and lessors include business owners, faith-based institutions, medical services providers, and nonprofits. The bill provides that one sign per property would be made available at no cost to the owner.