This article reflects New Jersey law and enforcement conditions as of June 2026. New Jersey has enacted one of the most comprehensive state-level immigrant protection frameworks in the country. Key enacted laws and policies: (1) The Immigrant Trust Directive (codified into law March 25, 2026 as S5038/A6310), originally issued by then-Attorney General Gurbir Grewal in 2018, bars state and local law enforcement from participating in ICE's 287(g) program, prohibits detaining people solely on ICE detainer requests without a judicial warrant (with narrow exceptions for certain convictions), and prohibits asking about immigration status in matters unrelated to a criminal investigation. (2) The Safe Communities Act (S5036/A6308, signed January 2026 by Gov. Phil Murphy, effective on enactment), requires the Attorney General to issue model policies for sensitive locations including schools, courthouses, hospitals, shelters, and places of worship; the AG published those model policies on June 17, 2026. (3) The Privacy Protection Act (S5037/A6309, signed March 25, 2026 by Gov. Mikie Sherrill), limits state agencies and health care providers from sharing personal information with federal immigration enforcement. (4) Executive Order No. 12 (signed February 11, 2026 by Gov. Sherrill), prohibits state agencies from consenting to use of state property for civil immigration enforcement or staging operations; this order is being challenged in federal court by the DOJ (lawsuit filed February 24, 2026). (5) New Jersey bans ICE detention contracts with private facilities under AB5207 (2021), though a federal appeals court allowed existing private detention centers to continue operating. New Jersey was one of the first states to experience a mass workplace raid (January 2025), witnessed the construction and opening of Delaney Hall federal detention facility in Newark, and saw federal charges filed against Congresswoman LaMonica McIver and the arrest of Newark Mayor Ras Baraka in connection with federal immigration enforcement actions. Verify current litigation and enforcement conditions with the ACLU of New Jersey at aclu-nj.org or Make the Road New Jersey at maketheroadnj.org.
Where New Jersey Stands
New Jersey is one of the most protective and most contested states in this 50-state series. It has the second-largest immigrant population in the country after California, with one in four residents being an immigrant. It has enacted a comprehensive legal framework limiting local police cooperation with ICE, created a 287(g) ban codified in statute, required sensitive location protections at schools and hospitals, limited state data sharing with immigration enforcement, and fought in court against federal attempts to use state property for enforcement and against federal funding conditions tied to immigration enforcement.
At the same time, New Jersey has been one of the most intensely targeted states for federal enforcement action under the Trump administration. ICE arrested over 3,200 New Jersey residents in the first half of 2025 alone, more than the 2,959 arrested in all of 2024. The federal government built Delaney Hall, its first new immigration detention center, in Newark. The DOJ filed suits against four New Jersey cities, against the state, and against individual elected officials including a sitting U.S. congresswoman. A Haitian immigrant, Jean Wilson Brutus, died in federal custody less than 24 hours after his detention. The arrest of Newark Mayor Ras Baraka became a national flashpoint.
The editorial heart of New Jersey's story is the collision between one of the most aggressive federal enforcement campaigns against any state and one of the most active state legal resistance efforts in the country. The story includes a last-minute veto by departing Gov. Phil Murphy who feared the bills went too far and might invite lawsuits, new Gov. Sherrill signing stronger versions of those bills within weeks of taking office, and the DOJ filing suit against the state the same month. New Jersey's immigration landscape in 2025-2026 is a microcosm of the national conflict between federal enforcement authority and state protective power.
Part 1: What Federal Immigration Law Actually Says
Immigration enforcement is exclusively a federal function under the Immigration and Nationality Act (INA). The federal government controls who may enter, remain in, and be removed from the United States. State and local governments cannot create their own immigration enforcement systems that conflict with the INA. But they also have no obligation to participate in federal enforcement, and states may decline to direct their own agencies to assist.
The Tenth Amendment anti-commandeering doctrine, established in Printz v. United States (1997), means the federal government cannot compel state and local agencies to enforce federal immigration law. New Jersey's framework - prohibiting 287(g) participation, restricting detainer compliance, limiting information sharing - rests on this constitutional foundation. The federal government cannot force New Jersey to honor ICE detainers; it can only conduct its own enforcement operations in New Jersey.
ICE detainers, Form I-247, are administrative requests, not court orders. They ask local jails to hold someone beyond their scheduled release date. Multiple federal courts have upheld New Jersey's Immigrant Trust Directive against federal challenges during Trump's first term. Two federal courts, including one with a Trump-appointed judge, upheld the AG's directive before it was codified into statute. The Third Circuit, which covers New Jersey, has recognized the constitutional basis for states limiting their agencies' cooperation with civil immigration detainers.
Section 287(g) of the INA creates the voluntary delegation mechanism for local law enforcement to take on immigration enforcement functions. New Jersey's codified Immigrant Trust Directive prohibits participating in 287(g). New Jersey is one of ten states nationally to enact such a prohibition in statute, joining California, Connecticut, Delaware, Illinois, Maryland, Maine, New Mexico, Oregon, and Washington.
Arizona v. United States (2012) is the controlling federal preemption precedent. The Court confirmed states have no obligation to participate in federal enforcement. New Jersey's framework is designed within the constitutional space the Court defined. Whether specific aspects of New Jersey's laws - particularly EO 12's prohibition on ICE using state property and the Safe Communities Act's sensitive location requirements - push into preempted territory is the question at the center of the pending DOJ litigation.
Part 2: New Jersey State Law and Policy
The Immigrant Trust Directive - History and Codification
The Immigrant Trust Directive was first issued in 2018 by then-Attorney General Gurbir Grewal. The directive established that New Jersey state and local law enforcement would not participate in ICE's 287(g) program, would not hold individuals solely on ICE civil detainer requests without judicial authorization, and would not inquire about immigration status in matters unrelated to a criminal investigation. The directive forced several New Jersey county sheriffs to end their 287(g) agreements with ICE that had been in place.
The directive remained in effect through two gubernatorial terms and survived federal legal challenges during Trump's first term. Two federal courts upheld it. But because it was an executive policy rather than a statute, advocates worried a future governor or attorney general could reverse it. New Jersey Republicans' 2025 gubernatorial candidate campaigned on ending the directive. He lost to Sherrill by a wide margin.
On the final day of the 2025-2026 legislative session, January 12, 2026, the legislature passed S5038/A6310 codifying the Immigrant Trust Directive into law. Gov. Murphy, however, vetoed the bill in one of his final acts in office, saying he feared it went beyond the existing directive in ways that could invite additional federal lawsuits. Gov. Sherrill, who took office on January 21, 2026, signed a revised version of the bill on March 25, 2026. The version Sherrill signed more closely mirrors the existing directive: it still largely prohibits local authorities from holding people solely because ICE requests it, but allows broader exceptions when someone has been convicted of certain offenses. The codified law is now the statutory baseline for New Jersey's non-cooperation framework - no longer dependent on executive discretion.
The Safe Communities Act (S5036/A6308) - Signed by Gov. Murphy, January 2026
The Safe Communities Act was signed into law by Gov. Murphy in January 2026. It designates sensitive locations - schools, courthouses, hospitals, shelters, food pantries, places of worship, and other essential service providers - as spaces where ICE should not conduct civil immigration enforcement. The law tasks the state Attorney General with developing model policies for those locations to follow in responding to ICE enforcement attempts.
On June 17, 2026, Attorney General Jennifer Davenport published the model policies for sensitive locations required by the Safe Communities Act. The six model policies cover schools, hospitals, shelters, places of worship, social services offices, and correctional facilities. These policies provide guidance to administrators and staff on how to respond if ICE appears without a judicial warrant, how to protect personal information, and what their legal obligations and rights are. With the model policies published, New Jersey's sensitive location protection framework became operational across the state.
The Safe Communities Act does not prohibit federal enforcement at sensitive locations - states cannot do that. It establishes state-level policies governing how New Jersey-affiliated institutions respond to enforcement attempts, requiring those institutions to use the model policies or stronger protections to the fullest extent consistent with state and federal law.
The Privacy Protection Act (S5037/A6309) - Signed March 25, 2026
The Privacy Protection Act, signed by Gov. Sherrill on March 25, 2026 alongside the codified Immigrant Trust Directive, limits the personal information that health care providers and state government entities may share with federal immigration enforcement. It bars state agencies from collecting or sharing sensitive personal data - including information about a person's immigration status, national origin, religion, or political affiliation - with federal immigration enforcement, unless strictly necessary to determine eligibility for services or required by federal law.
The Privacy Protection Act protects New Jersey residents who interact with state government - seeking health care, applying for benefits, enrolling children in school, or accessing social services - from having that information weaponized by ICE. It addresses the data-sharing pathway through which ordinary life activities can become immigration enforcement vulnerabilities.
Executive Order No. 12 - February 11, 2026; Under Federal Litigation
Gov. Sherrill signed Executive Order No. 12 on February 11, 2026, prohibiting state agencies from consenting to the use of state property - including state correctional facilities - for civil immigration enforcement or as staging, processing, or base of operations for civil immigration enforcement. The order directs state agencies not to use state resources for civil immigration enforcement absent a court order or statutory requirement.
The DOJ filed suit against New Jersey and Gov. Sherrill on February 24, 2026, arguing EO 12 violates the Supremacy Clause by interfering with federal immigration enforcement. The DOJ sought to invalidate the executive order and obtain an injunction preventing the state from enforcing it. As of June 2026, the litigation was pending. New Jersey's Acting AG Jennifer Davenport stated the state would vigorously defend the order. The NJ AG's office has also successfully challenged federal funding conditions tied to immigration enforcement, winning four lawsuits that blocked the federal government from withholding billions of dollars in grants to New Jersey from agencies including Agriculture, Homeland Security, Justice, and Transportation.
AB5207 - Ban on ICE Detention Contracts (2021); Partial Application
New Jersey enacted AB5207 in 2021, prohibiting local jails and county governments from entering into Intergovernmental Service Agreements (IGSAs) with ICE to rent out jail space for immigration detention. The intent was to prevent private and county facilities from profiting by housing ICE detainees. However, a federal appeals court ruled that the ban could not be applied to prevent private detention centers from operating under contracts with the federal government, allowing existing private facilities to continue. Delaney Hall in Newark, operated by the GEO Group, has operated throughout 2025-2026 under this framework.
Delaney Hall - Newark ICE Detention Facility
Delaney Hall is an ICE detention facility in Newark operated by the GEO Group. It opened in 2025 and became a flashpoint for immigration enforcement controversies in New Jersey. Its opening was described by advocates as the federal administration's first new detention center. Protests outside Delaney Hall have been ongoing throughout 2025-2026. In June 2026, Newark Mayor Ras Baraka was arrested outside Delaney Hall in connection with enforcement actions at the facility, an event that drew national attention. As of June 2026, Gov. Sherrill toured the facility but reported being closely controlled and limited in her access by federal officials. The NJ AG and Department of Health sued the GEO Group in June 2026 to obtain full access to inspect the facility. Reports of poor conditions including inadequate or inedible food, limited drinking water, and restricted medical access have been documented throughout the facility's operation. Jean Wilson Brutus, a Haitian immigrant, died in federal custody within 24 hours of his detention, prompting advocacy and legislative responses.
Federal Enforcement in New Jersey - 2025-2026
New Jersey was one of the first states to experience a mass workplace raid under the Trump administration, within 72 hours of the inauguration in January 2025. ICE arrested over 3,200 New Jersey residents in the first half of 2025, surpassing the total for all of 2024. The DOJ filed suit against four New Jersey cities - Newark, Jersey City, Paterson, and Hoboken - over sanctuary policies in May 2025. Federal charges were filed against Congresswoman LaMonica McIver in connection with events at Delaney Hall. Newark Mayor Ras Baraka was arrested outside Delaney Hall. The federal government attempted to convert a 470,000-square-foot warehouse in Roxbury Township into an ICE detention facility holding up to 1,500 detainees; New Jersey sued to block the conversion, and in March 2026 obtained a temporary halt to immediate construction. The Roxbury litigation was ongoing as of June 2026.
Part 3: How State and Federal Law Interact in New Jersey
New Jersey has built one of the most comprehensive state-level protective frameworks in the country, operating at every layer: the Immigrant Trust Directive codified in statute prohibits local law enforcement participation in federal enforcement; the Safe Communities Act establishes sensitive location policies; the Privacy Protection Act limits data sharing; EO 12 restricts state property use; and the AG has actively litigated against federal funding conditions.
The Tenth Amendment framework supports New Jersey's core choices. The state has no obligation to honor ICE detainers, participate in 287(g), share data with immigration enforcement, or allow state property to be used for enforcement staging. Two federal courts upheld the Immigrant Trust Directive before it was codified. The Third Circuit framework in New Jersey is one of the most protective in the country for state non-cooperation choices.
The DOJ litigation against EO 12 tests whether New Jersey can go beyond non-participation - from declining to assist to affirmatively prohibiting state property use. The federal government argues that prohibiting ICE from using state prisons for civil immigration arrests interferes with federal enforcement authority. New Jersey argues that a state has the sovereign right to determine how its own property is used and that declining to consent is not interference. This is the legal frontier question in the pending litigation.
Federal enforcement operates independently of state law in New Jersey. ICE conducts its own operations, makes arrests in public spaces, operates Delaney Hall under federal authority, and carries out enforcement without New Jersey law enforcement assistance. New Jersey's laws limit what state and local agencies do; they do not prevent federal enforcement.
Arizona v. United States (2012) confirmed that states have no obligation to participate in federal immigration enforcement. New Jersey's framework operates squarely within the protective space that decision confirmed.
Part 4: What This Means for Families on the Ground
For immigrant families in New Jersey, the legal protections are the strongest of any state in the mid-Atlantic and among the strongest nationally. The codified Immigrant Trust Directive means local police and county sheriffs cannot conduct civil immigration enforcement on ICE's behalf, cannot hold people solely on ICE detainers without judicial authorization (with narrow exceptions), and cannot ask about immigration status in matters unrelated to a criminal investigation.
The Safe Communities Act model policies, published June 17, 2026, mean that schools, hospitals, shelters, places of worship, and social services offices have official state guidance on how to protect their clients and students if ICE appears. Workers at those institutions are equipped with state-backed policies they can follow. Families can approach those institutions knowing they have the backing of state law and model policies.
The Privacy Protection Act means that seeking health care, enrolling children in school, or accessing state services does not automatically create an immigration data pipeline to ICE. State agencies and health providers cannot share personal information including immigration status with federal enforcement absent strict necessity or a court order.
Delaney Hall in Newark is an active federal detention facility that operates entirely under federal authority. New Jersey's state law does not govern what happens inside Delaney Hall. Conditions have been documented as poor. If a family member is detained at Delaney Hall, contact the ACLU of New Jersey or Make the Road New Jersey immediately and use the ICE Detainee Locator.
Federal enforcement in New Jersey continues at an elevated level despite state protections. ICE arrests were over 3,200 in the first half of 2025 alone. Federal operations are conducted directly by ICE without New Jersey law enforcement cooperation. State law limits what New Jersey police do; it does not limit what ICE does. Families should know their constitutional rights at every point of contact with federal agents.
The Roxbury detention center litigation may affect New Jersey's detention capacity going forward. If the Roxbury warehouse is ultimately converted, it could significantly expand ICE's detention capacity in the state. Monitor the litigation through the ACLU of New Jersey.
Part 5: What You Can Actually Do
If ICE Comes to Your Home
Do not open the door. ICE cannot legally enter a home without a judicial warrant signed by a judge. An ICE administrative warrant, Form I-200 or I-205, is signed by an immigration officer, not a judge, and does not authorize entry into your home. Ask through the closed door whether the warrant is signed by a judge. If it is not, say clearly that you do not consent to entry.
You have the right to remain silent. You are not required to answer questions about your birthplace, how you entered the country, or your immigration status. Say: 'I am exercising my right to remain silent. I want to speak with a lawyer.' This applies regardless of immigration status.
Do not sign anything without speaking with an immigration attorney. Signing voluntary departure forms or other removal documents can permanently waive important legal rights.
If stopped in public, stay calm. Do not run. Do not physically resist. State that you are exercising your right to remain silent and want a lawyer. Ask if you are free to go. If yes, leave calmly.
At School, Hospital, or Place of Worship
Under the Safe Communities Act and the AG's model policies (published June 17, 2026), New Jersey schools, hospitals, shelters, and places of worship have guidance to protect clients and students from ICE enforcement. ICE cannot enter the private areas of those facilities without a judicial warrant or court order. If ICE appears at your child's school, hospital, or place of worship, the facility should follow the state's model policies and require judicial authorization before allowing entry.
You can and should tell your children's school and your healthcare providers about these model policies. The NJ AG's model policies are available at njoag.gov and can be shared with facility administrators.
If a Family Member Is Detained
Use the ICE Online Detainee Locator at locator.ice.gov immediately. You will need the person's country of birth and either their full name and date of birth or their A-Number (Alien Registration Number). New Jersey detainees may be held at Delaney Hall in Newark, at county facilities, or transferred to facilities in other states.
Call the ICE Detention Reporting and Information Line: 1-888-351-4024.
Call the EOIR Immigration Court Information Line: 1-800-898-7180 for hearing dates and case status.
Contact Make the Road New Jersey: maketheroadnj.org. Make the Road NJ is a leading immigrant advocacy and organizing organization in New Jersey.
Contact the ACLU of New Jersey: aclu-nj.org. The ACLU of NJ has been at the forefront of litigation defending New Jersey's protective policies and challenging federal enforcement abuses.
Contact the New Jersey Alliance for Immigrant Justice: njaij.org. NJAIJ coordinates advocacy and has information on the full protective package of New Jersey laws.
Contact the International Rescue Committee (Newark office): rescue.org. The IRC provides direct legal and resettlement services in New Jersey.
Know the Risk Points in New Jersey
Federal enforcement in New Jersey is intensive despite state protections. ICE arrests over 3,200 residents in the first half of 2025 alone. ICE operates without New Jersey law enforcement cooperation.
Delaney Hall in Newark is an active federal detention facility. Conditions have been documented as poor. The NJ AG is litigating for inspection access. If detained there, contact legal services immediately.
The Roxbury warehouse detention facility is under litigation. If the conversion proceeds, it significantly expands ICE detention capacity in the state. Monitor the litigation.
State law protects you from local police asking about immigration status outside a criminal investigation. If a New Jersey police officer asks about your immigration status during a routine stop, you may politely decline: 'I am not under investigation for a state crime. I am exercising my right to remain silent about immigration matters.'
Federal enforcement at workplaces has been documented. New Jersey was one of the first states to see a mass workplace raid in January 2025. Workers in industries with large immigrant workforces should have emergency preparedness plans.
Part 6: Legal Resources in New Jersey
Make the Road New Jersey: maketheroadnj.org. Make the Road NJ is a leading immigrant advocacy and organizing organization and a primary resource for enforcement response.
ACLU of New Jersey: aclu-nj.org. The ACLU of NJ has been the primary legal challenger of federal enforcement in New Jersey and a defender of the state's protective laws.
New Jersey Alliance for Immigrant Justice (NJAIJ): njaij.org. NJAIJ coordinates the coalition that fought for the three protective bills and tracks all immigration legislation in New Jersey.
New Jersey Office of Attorney General Model Policies: njoag.gov. The AG's office published model sensitive location policies on June 17, 2026.
International Rescue Committee Newark: rescue.org. IRC provides direct legal and resettlement services.
Legal Services of New Jersey: lsnj.org. LSNJ provides free civil legal services including immigration for low-income New Jersey residents.
American Friends Service Committee (Newark): afsc.org. AFSC has advocated alongside immigrant communities in New Jersey throughout the enforcement surge.
EOIR Immigration Court Information Line: 1-800-898-7180.
ICE Detainee Locator: locator.ice.gov.
ICE Detention Reporting and Information Line: 1-888-351-4024.
Summary
New Jersey has enacted one of the most comprehensive immigrant protection frameworks in the United States. The Immigrant Trust Directive was codified into statute by Gov. Sherrill on March 25, 2026, prohibiting 287(g) agreements and limiting local police cooperation with ICE civil enforcement. The Safe Communities Act (signed by Gov. Murphy in January 2026) requires the AG to develop sensitive location model policies; those policies were published June 17, 2026. The Privacy Protection Act (signed March 25, 2026) limits government data sharing with immigration enforcement. Executive Order No. 12 (February 11, 2026) bars state property use for ICE civil enforcement and is under DOJ challenge. The state has also successfully blocked federal attempts to condition grant funding on immigration enforcement cooperation. New Jersey bans ICE detention contracts under AB5207 (2021), though existing private facilities including Delaney Hall in Newark continue operating.
Federal enforcement in New Jersey is nevertheless intensive. ICE arrested over 3,200 residents in the first half of 2025. Federal charges were filed against elected officials. Jean Wilson Brutus died in federal custody. The Roxbury warehouse conversion is under litigation. For families in New Jersey, know that state law protects you from local police acting as ICE partners, sensitive locations have model protective policies, and privacy protections limit state data sharing. ICE can still operate directly. Know your rights at the door, exercise the right to remain silent, use the ICE Detainee Locator immediately if a family member is detained, and contact Make the Road NJ, the ACLU of NJ, or NJAIJ for current guidance.
Sources and verification: S5038/A6310 (Immigrant Trust Directive codified, signed March 25, 2026); S5036/A6308 (Safe Communities Act, signed January 2026); S5037/A6309 (Privacy Protection Act, signed March 25, 2026); Gov. Sherrill Executive Order No. 12, February 11, 2026; NJ AG model sensitive location policies, June 17, 2026 (njoag.gov); NJ Monitor, 'Gov. Sherrill Signs Bills Limiting State Role in Immigration Enforcement,' March 25-26, 2026; Bolts, 'New Jersey Becomes the 10th State with a Law Barring Local ICE Contracts,' March 26, 2026; NJ Alliance for Immigrant Justice, 'Immigrant Protections Package Passes Legislature,' January 12, 2026 (njaij.org); DOJ lawsuit against New Jersey, February 24, 2026 (justice.gov); WHYY, 'New Jersey Lawmakers Pass Legislation to Protect Immigrants,' January 13, 2026; CBS Philadelphia, 'What is ICE Allowed to Do in New Jersey?' February 24, 2026; The Local Girl, 'New Jersey Immigration Enforcement Updates,' March 25, 2026; AB5207 (2021, ICE detention contract ban); NJ Monitor, 'Delaney Hall' reporting June 2026; NJ AG lawsuits blocking federal funding conditions (four successful suits); NJ AG and DOH lawsuit against GEO Group for Delaney Hall inspection access, June 2026; Jean Wilson Brutus death in federal custody; arrest of Newark Mayor Ras Baraka; federal charges against Congresswoman McIver; Roxbury warehouse lawsuit; Arizona v. United States, 567 U.S. 387 (2012); Printz v. United States, 521 U.S. 898 (1997). Volatile items requiring verification: EO 12 DOJ litigation status (pending as of June 2026); Roxbury detention facility litigation status; Delaney Hall inspection litigation outcome; any new legislation in 2026 NJ legislative session. Last verified: June 2026.