A 4071 — Codifies AG directive, "Strengthening Trust Between Law Enforcement and Immigrant Communities."

2026, c.005 (A4071) §§1-4,6CHAPTER C.52:17B-236.145 to  52:17B-236.18An §§1,2Act Noteconcerning tolaw ss.5,7enforcement §5and C.2A:161-2immigrant §7communities C.52:17B-112.1and  supplementing P.L.Title 52 of the Revised Statutes.

2026, CHAPTER 5, approved March 25, 2026 Assembly, No.

4071     An Act concerning law enforcement and immigrant communities and supplementing Title 52 of the Revised Statutes.

      C.52:17B-236.14  1.   Findings, Thedeclarations. Legislature finds and declares that:

     1.    The Legislature finds and declares that:

     h.    For these reasons, the Legislature finds it fitting and proper to codify the Attorney General Directive,directive, “Strengthening Trust Between Law Enforcement and Immigrant Communities.”      i.     The Legislature notes that nothing in the directive prohibits holding accountable any violator of New Jersey’s criminal laws.

     j.     This directive reaffirms the long-settled delegation of responsibility between federal and State law enforcement entities and ensures the equitable division of labor between the two.       k.    It is the intent of the Legislature to further the State’s goals of efficacious and conscientious use of limited law enforcement resources,resources and advancement of trust between New Jersey’s law enforcement and the diverse communities to which they have devoted their livelihoods and lives to protect by codifying the directive.

      C.52:17B-236.15  2.   Definitions. As used in this act:

     2.    As used in this act:

      C.52:17B-236.16  3.   Prohibition a.         A law enforcement officer shall not engage in conduct constituting racially-influenced policing.  A law enforcement officer shall not consider a person’s race or ethnicity as a factor in drawing an inference or conclusion that the person may be involved in criminal activity or as a factor in exercising police discretion as to how to stop or otherwise treat the person, except when responding to a suspect-specific or investigation-specific “Be on theracially Lookout”influenced situation. policing.      b.    Except as set forth in subsections d.

     3.

a.

A law enforcement officer shall not engage in conduct constituting racially influenced policing.  A law enforcement officer shall not consider a person’s race or ethnicity as a factor in drawing an inference or conclusion that the person may be involved in criminal activity or as a factor in exercising police discretion as to how to stop or otherwise treat the person, except when responding to a suspect-specific or investigation-specific “Be on the Lookout” situation.       b.    Except as set forth in subsections d.

     (1)  stop,stop, question, arrest, search, or detain any individual based solely on actual or suspected citizenship or immigration status or actual or suspected violations of federal civil immigration law;

or      (2)  inquireinquire about the immigration status of any individual, unless it is necessary for an ongoing investigation of an indictable offense by that individual and relevant to the offense under investigation.

     (1)  participateparticipate in civil immigration enforcement operations;

     (2)  provideprovide any non-public personally identifying information regarding any individual.  This information includes a social security number, credit card number, unlisted telephone number, driver’s license number, vehicle license plate number, insurance policy number, and active financial account number and may include the address, telephone number, or email address for an individual’s home, work, or school,school if that information is not readily available to the public;

     (3)  provideprovide access to any State, county, or municipal law enforcement equipment, office space, database, or property not available to the general public;

     (4)  provideprovide access to a detained individual for an interview, unless the detainee signs a written consent form that explains the purpose of the interview, that the interview is voluntary, that the individual may decline to be interviewed, and that the individual may choose to be interviewed only with legal counsel present;

     (5)  provideprovide notice of a detained individual’s upcoming release from custody, unless the detainee:

     (a)  isis currently charged with or has ever been convicted of, adjudicated delinquent for, or found not guilty by reason of insanity of a violent or serious offense.  A violent or serious offense includes any firstfirst- or secondsecond-degree degree offense, as defined in N.J.S.2C:43-1;

burglary pursuant to N.J.S.2C:18-2,N.J.S.2C:18-2 and sections 1 and 2 of P.L.2024, c.83 (C.2C:18-2.1 and C.2C:18-2.2);

or      (c) is subject to a Final Order of Removal that has been signed by a federal judge and lodged with the county jail or State prison where the detainee is being held.       Any detention pursuant to paragraph (6) of this subsection shall not continue past 11:59 pmp.m. on the calendar day on which the person would otherwise have been eligible for release.

on the calendar day on which the person would otherwise have been eligible for release.

      C.52:17B-236.17  4.   Processing a.        T Everyvisa, State,U county,visa andcertification municipalrequests, lawprocedures. enforcement agency shall establish procedures for processing requests for T-visa certifications and U-visa certifications from potential victims of crime or human trafficking within 120 days of the request being made.  Each law enforcement agency shall publish information regarding its procedures on its Internet website.  If the agency does not have an Internet website, then the procedures shall be published on the municipality’s Internet website, when feasible.

     b. 4. With regard to T-visa certification requests, each law enforcement agency’s certification procedures shall include a determination of whether, pursuant to the standards set forth in federal law and instructions to the U.S.

a.

Every State, county, and municipal law enforcement agency shall establish procedures for processing requests for T visa certifications and U visa certifications from potential victims of crime or human trafficking within 120 days of the request being made.  Each law enforcement agency shall publish information regarding its procedures on its Internet website.  If the agency does not have an Internet website, then the procedures shall be published on the municipality’s Internet website, when feasible.

     b.  With regard to T visa certification requests, each law enforcement agency’s certification procedures shall include a determination of whether, pursuant to the standards set forth in federal law and instructions to the U.S.

     c.c.  With regard to U visa certification requests, each law enforcement agency’s procedure shall include a determination of whether, pursuant to the standards set forth in federal law and instructions to the U.S.

With regard to U-visa certification requests, each law enforcement agency’s procedure shall include a determination of whether, pursuant to the standards set forth in federal law and instructions to the U.S.

and      (2) was, is, or is likely to be,be helpful in the investigation or prosecution of that activity.

     d.    Notwithstanding the provisions of section 3 this act, State, county, and municipal law enforcement agencies and officials may ask any questions necessary to complete a T-visaT visa certification or a U-visaU visa certification.  A law enforcement agency or official may not disclose the immigration status of a person requesting a T-visaT visa certification or a U-visaU visa certification, except to comply with State or federal law or legal process,process or if authorized by the visa applicant.       e.     Nothing in this section shall be construed to restrict, prohibit, or prevent a State, county, or municipal law enforcement agency or official from sending to, maintaining, or receiving from federal immigration authorities information regarding the citizenship or immigration status, lawful or unlawful, of any individual.

      C.2A:161-2  5.   Defendants a. to Atbe a defendant’s initial court appearance before a judge, the prosecutor shall confirm that the defendant has been advised on theeffects recordto that:immigration status.

     5.

a.

At a defendant’s initial court appearance before a judge, the prosecutor shall confirm that the defendant has been advised on the record that:

In In the case where proof of a person’s immigration status is relevant and admissible at trial, the prosecutor shall not seek to admit this evidence without first raising the issue with the court outside of the jury’s presence, pursuant to N.J.R.E.

      C.52:17B-236.18  6.   Notification a.on certain requests made by federal civil immigration authorities;

report on assistance.