SENATE, No. 4138

STATE OF NEW JERSEY

222nd LEGISLATURE

INTRODUCED MAY 11, 2026

Sponsored by:

Senator  JOSEPH P. CRYAN

District 20 (Union)

Co-Sponsored by:

Senator Diegnan

SYNOPSIS

     Prohibits State’s law enforcement from participating in immigration enforcement unless action is premised upon valid judicial warrant.

CURRENT VERSION OF TEXT

     As introduced.

An Act concerning law enforcement officers and supplementing Title 52 of the Revised Statutes.

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

     1.    a.  As used in this section:

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

     “Law enforcement officer” means a person whose public duties include the power to act as an officer for the detection, apprehension, arrest, and conviction of offenders against the laws of this State.

     b.    A law enforcement officer shall not participate in a civil immigration enforcement operation unless the operation is premised upon a valid judicial warrant.

     c.     The Attorney General shall issue guidelines or directives as necessary to effectuate the provisions of this section.  

     2.    This act shall take effect immediately.

STATEMENT

   This bill prohibits law enforcement officers from participating in a civil immigration enforcement operation unless the operation is premised upon a valid judicial warrant. 

   The bill defines a law enforcement officer as a person whose public duties include the power to act as an officer for the detection, apprehension, arrest, and conviction of offenders against the laws of this State.  The bill defines a judicial warrant as one based on probable cause and issued by a federal Article III judge or magistrate, or the State equivalent, that authorizes federal immigration authorities to search a location or apprehend a person who is the subject of the warrant. 

     Under the bill, the Attorney General is required to issue guidelines or directives necessary to implement the bill’s provisions.