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A 4606

Relates to sealing of dismissals and violations that are more than twenty years old

2025 Regular Session Introduced by Catalina Cruz

The bill allows state and local governments and private detention facilities to enter into, renew, or extend immigration detention agreements for civil immigration violations.

REFERRED TO CODES
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Bill Summary · A 4606

Summary of New Jersey Bill A 4606

Note on title vs. content: The bill’s title refers to sealing of dismissals and long‑ago offenses, but the introduced version documents a different focus—modifying P.L.2021, c.199 to permit immigration detention agreements. The summary below reflects the actual provisions in the introduced version.

Overview and purpose

  • Purpose: To repeal the current prohibition on entering into immigration detention agreements and to authorize the State, local government agencies, and private detention facilities to enter into, renew, or extend such agreements for civil immigration violations.
  • Context: Under prior law (P.L.2021, c.199), the State, local governments, and private detention facilities in New Jersey were prohibited from entering into immigration detention agreements. This bill reverses that prohibition and redefines the relevant terms to enable detention contracts.

Key provisions

1) Amendments to P.L.2021, c.199 (C.30:4-8.16)
- Definitions:
- “Immigration detention agreement” means any contract or memorandum of understanding that authorizes housing or detention of individuals for civil immigration violations.
- “Local government agency” includes counties, county sheriffs, municipalities, and related agents.
- “Private detention facility” means privately owned/operated facilities detaining individuals for civil immigration violations.
- Prohibition removed: The bill amends the provision so that, on or after the act’s effective date, the State or a local government agency may enter into, renew, or extend an immigration detention agreement, and a private detention facility operating in the State may similarly enter into, renew, or extend such agreements. (In other words, the prior “shall not/shall not” language is removed in favor of permissive authorization.)
- Deletion of previous constitutional/limitation language: The clause stating that nothing in the section should be construed to prohibit actions contrary to federal or state constitutions or law is removed (as part of an amendment package in the bill).

2) Repeal of Section 1 of P.L.2021, c.199 (C.30:4-8.15)
- The act repeals the section that previously framed the prohibitions on immigration detention agreements.

3) Effective date
- Effective immediately upon enactment.

Who is affected

  • State government entities, including state agencies.
  • Local government agencies (counties, county sheriffs, municipalities, and related officials/agents).
  • Private detention facilities operating in New Jersey.
  • Entities that contemplate or currently operate detention arrangements for individuals detained for civil immigration violations.

Timeline and procedural status

  • Introduced: June 20, 2024 (Assembly), primary sponsor: Catalina Cruz.
  • Current status: Referred to Codes (with subsequent re-referrals noted on 2025-02-04).
  • Effective date: Immediate upon enactment.

Potential impact and considerations

  • Policy impact: Enables a shift from a blanket prohibition to a permissive framework for immigration detention agreements, potentially expanding options for housing/processing of noncitizens under civil immigration violations.
  • Oversight and interpretation: With the prohibition removed, consider implications for state/municipal budgets, facility capacity, and compliance with federal immigration policies and constitutional limits.
  • Fiscal considerations: Possible changes in operations, contracts, and funding tied to detention facilities and related services.

Sponsor

  • Primary sponsor: Assembly member Catalina Cruz.

Compiled from official sources — confirm details with the bill’s official record.

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