This page is information, not legal advice. New Jersey has significant state-level protections through the Immigrant Trust Directive, now codified into law by three bills signed by Governor Sherrill on March 25, 2026. New Jersey is also one of the most intensely contested enforcement states in the country, with Delaney Hall detention center in Newark, a DOJ lawsuit against Newark and three other cities, and federal prosecution of a sitting congresswoman over a detention center oversight visit. One in four New Jersey residents is an immigrant. ICE arrested more than 3,200 New Jersey residents in the first half of 2025 alone. Verify current conditions with Make the Road New Jersey, American Friends Service Committee NJ, the ACLU of New Jersey, or a licensed immigration attorney.
New Jersey is home to one of the largest immigrant populations in the country - one in four residents is an immigrant. The state has had the Immigrant Trust Directive limiting local cooperation with ICE since 2018, and Governor Mikie Sherrill signed three bills on March 25, 2026 codifying those protections into law. New Jersey also banned ICE detention contracts with local government back in 2021. These are strong, real protections.
New Jersey is also one of the most intensely targeted states in the country. ICE arrested more than 3,200 New Jersey residents in the first half of 2025. Delaney Hall, a 1,000-bed private detention facility in Newark operated by GEO Group, opened in early 2025 as one of the first new detention centers of the Trump administration. The DOJ filed lawsuits against Newark, Paterson, Jersey City, and Hoboken over their sanctuary policies. Newark Mayor Ras Baraka was arrested at Delaney Hall - and the charges were later dropped. U.S. Representative LaMonica McIver faces federal prosecution for her conduct during a congressional oversight visit to Delaney Hall. A Haitian immigrant, Jean Wilson Brutus, died in federal custody in New Jersey after less than 24 hours in detention.
Understanding both the protections New Jersey has enacted and the federal enforcement pressure the state faces is essential for immigrant families here.
Part 1: Your rights under federal law - everywhere, including New Jersey
These rights come from the U.S. Constitution. They apply in New Jersey regardless of immigration status, citizenship, or how you entered the country.
At your front door
The Fourth Amendment protects your home from government entry without your consent or a judicial warrant. A judicial warrant is signed by a federal judge, based on probable cause, and authorizes entry to a specific address. An administrative warrant - ICE Form I-200 or I-205 - is signed by an immigration officer, not a judge, and does not authorize entry to your home without your consent. Ask through the door which type of warrant is being presented. If it is administrative, you are not required to open the door.
During a traffic stop or street encounter
You have the right to remain silent. You do not have to answer questions about where you were born, your immigration history, or your status. You can say you are exercising your right to remain silent and want to speak to a lawyer. You can ask whether you are free to go. If the officer says yes, you may calmly leave.
Do not lie and do not provide false documents. Silence is a legal right. False statements are a separate crime. Many families carry a printed card asserting these rights.
At your workplace
ICE may enter public areas of a workplace without a warrant. Private areas generally require a judicial warrant or employer consent. You have the right to remain silent in any workplace encounter.
Do not sign anything without a lawyer
Documents presented during an ICE arrest may include voluntary departure agreements or stipulated removal orders that waive your right to a hearing before an immigration judge. Do not sign anything without speaking to an attorney first.
Part 2: The three bills signed March 25, 2026 - what they do
Governor Sherrill signed three immigration protection bills at a ceremony in Newark on March 25, 2026. Together they codify the Immigrant Trust Directive into statute, establish safe community spaces, and add privacy protections. This matters because the Directive existed as an attorney general policy that could be changed by a future attorney general; codifying it into law means it requires legislative action to repeal.
The Safe Communities Act (S5036/A6308)
The Safe Communities Act codifies the Immigrant Trust Directive. It bars state and local law enforcement from entering into 287(g) agreements with ICE, limits when officers can inquire about immigration status, and restricts detainer compliance. Officers may not detain someone based solely on a civil immigration detainer. The law strengthens the existing ban on cooperation based solely on a final order of removal - a major improvement that helps prevent families from being separated through civil enforcement alone.
The law does include exceptions: cooperation is permitted when an individual has certain criminal convictions or pending criminal charges. Advocates note that these exceptions mean the protections do not apply equally to all immigrants, and that Black immigrants and immigrants of color who have disproportionate contact with the criminal justice system face gaps in protection. This is a known limit of the law that families should understand.
The Privacy Protection Act (S5037/A6309)
The Privacy Protection Act restricts how state and local agencies can share personal information - including information that could reveal immigration status - with federal immigration authorities. It creates protections against data sharing that ICE could use to locate and target individuals.
Strengthening Trust Between Law Enforcement and Immigrant Communities (S5038/A6310)
This bill addresses the relationship between immigrant communities and local law enforcement more broadly, establishing policies aimed at building trust and ensuring immigrants can interact with police without fear of immigration consequences.
Part 3: What the protections do and do not cover
New Jersey's Immigrant Trust Directive and the three 2026 bills limit what state and local law enforcement does. They do not limit what federal ICE agents do. ICE has full federal authority to conduct enforcement operations anywhere in New Jersey and does not need local police cooperation to make arrests.
New Jersey was one of the first states to experience a mass workplace raid in the current administration - within 72 hours of the President's inauguration. ICE arrested more than 3,200 New Jersey residents in the first half of 2025, a surge from 2,959 in all of 2024. These arrests occurred while the Immigrant Trust Directive was in full effect. State protections limit local participation in enforcement; they do not stop direct federal enforcement.
The ICE detention bed capacity in New Jersey more than quadrupled in the first half of 2025, largely driven by Delaney Hall. More than 1,000 additional detention beds in Newark have been added to the enforcement infrastructure.
Part 4: Delaney Hall - Newark's contested ICE detention center
Delaney Hall is a 1,000-bed immigration detention facility in Newark's East Ward, operated by GEO Group under a 15-year, approximately $1 billion federal contract. It was reopened by the Trump administration in early 2025 as one of the first new detention centers of the current enforcement expansion.
Newark sued GEO Group alleging the facility opened without proper city permits and certificates of occupancy. That litigation was ongoing as of mid-2026, with Governor Sherrill demanding state health officials be given access to inspect conditions at the facility. The city's mayor publicly committed to fighting the facility in court.
Conditions at Delaney Hall have been a major concern. Reports of inadequate food, contaminated drinking water, and lack of medical access led to protests and legislative attention. Jean Wilson Brutus, a Haitian immigrant in federal custody, died in New Jersey after less than 24 hours in ICE detention in 2025 - one of the most visible examples of detention condition concerns in the state.
The Delaney Hall incident - Mayor Baraka, Congresswoman McIver
On May 9, 2025, three U.S. Representatives - Bonnie Watson Coleman, Rob Menendez, and LaMonica McIver - arrived at Delaney Hall for an unannounced oversight visit, which is a right Congress members have under federal law. Newark Mayor Ras Baraka came to the facility as well. Federal agents arrested Baraka on a trespassing charge as he stood near the facility gate. A scuffle ensued involving federal officers, McIver, and others in the area.
Baraka's trespassing charges were later dropped, and a federal magistrate judge who dismissed them spent several minutes criticizing the U.S. attorney's office, calling the arrest 'hasty' and 'a worrying misstep.' Baraka subsequently filed a civil lawsuit against the U.S. attorney and the officer who supervised the arrest for false arrest and malicious prosecution.
Congresswoman McIver was indicted on three federal assault charges - assaulting, resisting, impeding, and interfering with federal officers - for her conduct during the incident. The charges were pursued by interim U.S. Attorney Alina Habba, formerly Trump's personal attorney. McIver has maintained the charges are politically motivated retaliation for her oversight activities. Her motions to dismiss were denied at the trial court level. As of early 2026, she had appealed to the Third Circuit Court of Appeals. The case was ongoing as of mid-2026.
Part 5: The DOJ lawsuit against New Jersey cities
The Department of Justice filed a lawsuit in late May 2025 against Newark, Paterson, Jersey City, and Hoboken, alleging that their sanctuary policies interfere with federal immigration enforcement. The lawsuit targets city ordinances and practices that limit local police cooperation with ICE. Jersey City and Hoboken have challenged the suit. The lawsuit is part of the Trump administration's broader legal campaign against sanctuary jurisdictions, similar to suits filed against Illinois, Colorado, and other states. The status of this litigation should be verified with current sources.
Part 6: What to do right now, before anything happens
Know your A-number and make sure trusted family members have it written down. If you are detained at Delaney Hall, access conditions have been documented as a concern. Having your A-number allows family to locate you faster.
Know the limits of New Jersey's protections. The Safe Communities Act bars local police from honoring civil immigration detainers in most circumstances, but it has exceptions for certain criminal convictions and pending charges. If you have any prior criminal history, understanding whether your specific situation falls within those exceptions is important. Consult with an attorney.
Know that ICE operates independently in New Jersey. The state's protections apply to local and state law enforcement. Federal ICE agents can conduct direct enforcement regardless of New Jersey law.
Identify an immigration attorney before you need one. New Jersey has extensive immigration legal services infrastructure. Make the Road New Jersey, ACLU of NJ, and First Friends of New Jersey and New York are key resources.
Prepare guardianship documents for any children. Set up a financial power of attorney so a trusted person can manage accounts and property if you are detained.
Part 7: Legal help and resources in New Jersey
Make the Road New Jersey is one of the most active immigrant rights organizations in the state and has been central to the fight for the 2026 protection bills. Their website is maketheroadnj.org.
The ACLU of New Jersey, led by executive director Amol Sinha, has been engaged on Delaney Hall, the McIver case, the DOJ lawsuit, and enforcement monitoring. Their website is aclu-nj.org.
First Friends of New Jersey and New York, led by Katy Sastre, provides support to immigrant detainees and their families and was a key advocate for the 2026 bills.
American Friends Service Committee New Jersey Program has been active on immigrant justice issues in the state.
The New Jersey Alliance for Immigrant Justice coordinates advocacy across the state's immigrant rights organizations and publishes updates on legislation and enforcement.
For immigration court case information, call the EOIR automated line at 1-800-898-7180. To locate someone in ICE custody, use the ICE Online Detainee Locator at locator.ice.gov. New Jersey detainees may be held at Delaney Hall in Newark, the Elizabeth Detention Center, the Hudson County Correctional Center, or transferred to other facilities. Call the ICE Detention Reporting and Information Line at 1-888-351-4024 if your person does not appear in the locator.
Immigration Advocates Network lists New Jersey legal providers at immigrationadvocates.org.
New Jersey has enacted some of the strongest state-level immigrant protections in the country through three bills signed in March 2026 that codify the Immigrant Trust Directive into law. New Jersey is also one of the most intensely contested enforcement states in the country, with a 1,000-bed detention center in Newark, a DOJ lawsuit against four cities, a sitting congresswoman facing federal prosecution over a detention facility oversight visit, and an immigrant who died in federal custody after less than 24 hours. Your federal constitutional rights apply in full: an administrative warrant does not authorize entry to your home, your right to remain silent is unchanged, and you cannot be compelled to sign anything without a lawyer. Knowing those rights, knowing the limits of the state protections, and having legal contacts before a crisis are the foundations for protecting your family in New Jersey.
This page reflects conditions as of mid-2026. The three protection bills were signed March 25, 2026. The DOJ lawsuit against Newark, Paterson, Jersey City, and Hoboken was filed in 2025 and ongoing. Congresswoman McIver's appeal was pending at the Third Circuit as of early 2026. Delaney Hall litigation over permits and health inspection access was ongoing. Verify current conditions with Make the Road NJ, the ACLU of NJ, or the New Jersey Alliance for Immigrant Justice.
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