New Jersey has tools to fight mass deportation
Over 470,000 residents are undocumented
By: Ricardo Kaulessar
NorthJersey.com
USA Today Network - New Jersey
..... "We will be very aggressive, both with bullhorn, with legal action and with any other action we deem to be necessary."
.....
So said Governor Phil Murphy during a press conference just after Election Day [11/05/2024] last month about how New Jersey plans to deal with President-elect Donald Trump's campaign promise of mass deportation.
..... But what exact legal action - or any other action - can be taken by Murphy and other officials in the Garden state to stop Trump form going through with his push for the deportation of 11 million undocumented immigrates when he gets back into the White House? More than 470,000 New Jersey residents are undocumented.
.....
Tom Homan, Trump's pick for "border Czar," the person who would be responsible for carrying out and overseeing the deportations, has been vocal about nothing stopping Trump in this effort, and said the president-elect could bypass any attempts by local authorities to protect undocumented immigrants from being deported.
..... "Federal Law trumps state and local law every time, so if you're not gonna help, get the hell out of the way ... We've got a mandate," Homan said in an interview with Newsmax last month. [11/2024] I'm serious about tis. This is going to happen with or without you."
..... The Garden State, however, can address Trump's plans for mas deportation.
..... There is legislation introduced in the Senate and in the Assembly that would limit New jersey state and local agencies in sharing personal information with eh federal Immigration and Customs Enforcement agency and ensure the separation between local authorities and federal immigration enforcement.
..... There are funds allocated in the budget to finance the Deportation and Detention Defense Initiative. And there are laws on the books that bar private businesses from entering into contracts to house immigrant detainees.
..... When NorthJersey.com recently contacted Murphy's office about what he plans to do about any mass deportation efforts, a spokesperson, Maggie Garbarino, referred to a video of the governor's comments during the November 6 [2024] press conference and his appearance in News 12 New Jersey's "Ask Governor Murphy" program on November 26. [2024] The Record and NorthJersey.com 's request for an interview was denied.
..... Murphy was not entirely clear about his actions during the press conference. He did note that his administration had a meeting before the election to "war-game" what would happen if Trump was reelected and there were signs that he would pursue mass deportation.
..... "It was mostly to review what our battle plan was when we when in our first three years, and we had a high batting average
in terns of legal action. Something to the effect, including with other states, something to the effect of 70.30,' Murphy said.
..... During the News 12 program, Murphy said he understood that deportation efforts would apply to undocumented people who were not able to attain permanent status or who committed a crime while waiting for a decision on their status.
..... He took issue with any movement to remove anyone "who was here because their country was no longer safe for them" or even American citizens. But again, the governor did not offer a definite answer on the state's response.
..... Murphy was still not definitive as of last Wednesday, [12/11/2024]
when he took a question on the "Ask Governor Murphy" radio program on WNYC-AM that touched upon mass deportation, which he described as a "blunt weapon" that would be wielded under Trump to sweep up innocent citizens.
.....
"We're doing, everything we can to get ready. But again, if it's precise and directed at certain explicit categories of folks, depending on what those categories are, that's one response/ If it's a blunt weapon and innocent people are getting sucked into this, we're going to flight," Murphy said. "What the elements of that fight are, to be determine. I know there will be a legal element of that for sure."
..... However, the state has some items ion its legislative toolkit and a track record that would be a firewall against deportation.
It's about trust
..... Right now, the Immigrant Trust Act is waiting to be discussed in both the New Jersey Senate and the Assembly before being moved to a vote. The legislation could hamper any mass deportation effort in the state.
..... The bill,
introduced in the Senate in September [2024] as S3673 and the Assembly in October [2024] as A4987, would restrict New Jersey state and local agencies in the sharing 7 of personal information with ICE and maintain the separation between local law enforcement and federal immigration agencies.
..... The legislation is designed to address one of the major concerns of undocumented immigrants" that any attempt to seek help form authorizes on such matters as reporting a crime or applying for a social service will lead to their being deported if they give their personal informaiton. In October, [2024] state officials and immigrant advocates gathered in the Newark office of the New Jersey Alliance for Immigrant Justice for a press conference about the Immigrant Trust Act and advocated for its swift passage.
..... Sean tor Gordon Johnson and Assemblywomen Ellen Park, both Bergen County Democrats from the 27th District, and co-sponsor of the bills in the senate and the Assembly,, said at the event that they were optimistic they would get support from their colleagues in passing the bill. Park's said, "three's definitely an urgency this time around."
.....
"Currently, the bill has been introduced in both the Senate and Assembly but has not yet advanced. While it is unlikely that the Immigrant Trust Act will become law before January 20, [2025] we remain fully committed to advancing this legislation in the coming months," Johnson and Park said in a joint statement issued to NorthJersey.com . "It is vital to establish protections hat push back against any potential federal overreach into state and local matters, including deportation efforts that do not reflect the values of New Jersey's communities."
.....
Some immigrant advocates have recently called for the passage of the bill.
..... Nedia Morsy, deputy director of Make the Rad New Jersey, said in a statement Monday, [123/16/2024] "it is imperative that the New Jersey legislature pass the Immigrant Trust Act to combat Trump;s cruel polices and protect immigrants and our families."
.....
Her comments were in response to Trump's appearance on the NBC Sunday morning talk show "Meet the Press," where he told the host, Kristin Welker, that his mass deportation plans would go beyond undocumented residents and include U.S. citizens, saying, "I don't want to be breaking up family is you keep them together and you have to send them all back."
..... New Jersey Alliance for Immigrant Justice reiterated its call for the swift passage of the Immigrant trust Act and called on the state to fortify existing programs such as the Deportation and Detention Defense Imitative, "to prepare for the severe threats to come." The initiative, run by the New Jersey Office of New Americans, provides free immigration legal services to income-eligible New Jersey residents who are at risk of detention or facing deportation and do not have access to legal counsel.
..... Ami Kachalia, a campaign strategist for the American Civil Liberties Union;s New Jersey branch, said in a recent statement, "we also urge the New Jersey Legislature to quickly pas the Immigrant Trust Act so that New Jersey is not complicit in separating families or depriving our residents of due process."
..... Attorney General Matthew Platkin offered the following statement: "New Jersey is the proud home to many immigrant communities - people who abide by our laws, pay taxes, run businesses, and contribute to the rich diversity of our state. We have defended our immigrant communiit6es for years, and that won't stop now. That includes continuing to defend our state law that bars private entities form entering into contracts to house immigrant detainees."
.....
The Office of new Americans did not respond to the email.
Past to inform the present
..... This is not Murphy's first go-around with the Trump administration over deportations and protecting immigrants.
.....
During the first Trump administration, in November 2018, then-New Jersey Attorney General Gurbir Grewal issued the Immigrant Trust Directive, a statewide policy designed to prohibit local police in New Jersey from stopping, searching or detaining any individuals over immigration status or at the behest of the federal Immigration and Customs Enforcement. The exception is for cases of violent crimes or final deportation orders.
..... The directive includes some of these rules: Local law enforcement officers are barred from participating in mitigation raids or operations, and police can't stop, question, arrest, search or detain any individual based solely on actual or suspected immigration status.
..... Under Trump's first term, 1.5 million deportations occurred, according to the Migration Policy Institute.
..... The directive involved the legal ire of the Trump administration, and in February 2020, the federal government sued New Jersey to overturn the directive on the basis that it was "preempted by federal law and impermissible discriminates against the United States Constitution." The lawsuit was dismissed in January 2021, a few days after Joe Biden was sworn in a president.
..... Also during Murphy's term in office, funds have been dedicated each year from the budget to finance the Deportation and Detention Defense Initiative. In the $56.6 billion 2025 budget passed in June [2024] $8.2 million was approved for the initiative. That's equal to the amount allotted in the fiscal year 2024 budget approved the year before. [07/2023]