Trenton, New Jersey. State and local police enforcement would not be allowed to comply with federal immigration detainer requests unless the person in question has been found guilty of a severe felony, according to a proposed bill in New Jersey. The law, which is based on California’s Trust Act, provides detailed guidelines for processing voluntary federal immigration applications in an effort to prevent people from being held without adequate legal basis.
The law makes a distinction between criminal detainers, which need a warrant and probable cause, and federal immigration detainers, which do not. It cites decisions from federal courts, such as the Third Circuit Court of Appeals’ finding in Galarza v. Szalczyk, which determined that holding people without a warrant may violate their Fourth Amendment rights and that compliance with immigration detainer requests is voluntary.
The proposed bill would only allow local law enforcement to comply with federal immigration officials’ requests for detainers or notifications if the person in question had been found guilty of a violent or serious criminal. Murder, sexual assault, robbery, terrorism, and other serious offenses including child endangerment and arms trafficking are among the crimes that qualify. According to the law, detention for immigration-related reasons alone would not be allowed for people with no convictions or for those with less serious crimes.
The bill’s proponents contend that it is an essential step to safeguard civil freedoms and stop unlawful detentions. According to the bill’s supporters, this act gives law enforcement specific criteria to ensure adherence to constitutional safeguards while putting public safety first. They stressed that, in compliance with federal law, it does not obstruct the exchange of information about citizenship or immigration status with federal authorities.
The measure’s opponents argue that it might make it more difficult for the federal government to deport people who have broken immigration laws. Limiting cooperation, according to opponents, may prevent certain undocumented immigrants with past arrests from being detained by federal authorities, endangering public safety.
The law, if passed, would provide consistent guidelines for state, county, and local authorities in handling federal detainer requests. By restricting detentions to those with serious criminal convictions, it seeks to strike a balance between public safety and constitutional rights.
This bill is another step in the state’s changing views on federal cooperation, and New Jersey lawmakers are still debating how to handle immigration enforcement.
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