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A 2614

Relates to strengthening of utility storm response and compliance

2025 Regular Session Introduced by Dana Levenberg and 1 co-sponsor

NJ A 2614 would authorize the AG to sign a 287(g) MOU allowing designated state/county corrections officers to investigate inmates’ residency status and report unauthorized foreign

REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
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Bill Summary · A 2614

Summary of NJ Bill A 2614 (Introduced 2024)

Note: The bill’s title referenced in the summary materials ("Relates to strengthening of utility storm response and compliance") appears inconsistent with the bill’s text. The introduced version provided describes authorizing limited immigration enforcement activities by certain state and county corrections officers under a 287(g) memorandum with the federal government. The summary below reflects the substantive provisions in the introduced text.

Purpose and Intent

  • To authorize the New Jersey Attorney General (AG) to enter into a Memorandum of Understanding (MOU) with the U.S. Attorney General under 287(g) of the federal Immigration and Nationality Act, to train and empower designated state and county corrections officers to participate in enforcing federal immigration and customs laws.
  • Specifically, designated officers would investigate, at the time of an inmate’s incarceration, whether the inmate is a lawful resident and, if not authorized to be present in the U.S. under federal law, report that information to U.S. Immigration and Customs Enforcement (ICE).

Key Provisions

1) Memorandum of Understanding (287(g) Framework)

  • The AG must enter into an MOU with the U.S. Attorney General outlining:
    • The duties of designated corrections officers.
    • The training curriculum to be used.
    • Protocols for cooperation among state, county, and federal agencies.
    • Amounts and payment dates of any federal funding to New Jersey to cover costs of enforcing federal immigration law under the MOU.
    • Certification that participating officers act under color of federal authority for purposes of liability and immunity in civil actions.

2) Selection and Designation of Officers

  • The Commissioner of Corrections and county jail administrators must prepare a list of state and county corrections officers who volunteer and are approved by their employer to be designated for this purpose.
  • The AG shall select officers from that list, with an emphasis on ensuring representation from each county where possible.
  • The designated duties (investigating inmate residency status and reporting unauthorized presence) would be considered within the scope of the officers’ authority as state/county corrections and parole officers.

3) Effective Date and Implementation

  • The act would take effect on the first day of the fourth month after enactment.
  • The AG, Corrections Commissioner, and county facilities may undertake anticipatory actions to implement the act prior to the effective date.

Who Would Be Affected

  • State and county corrections officers designated under the MOU.
  • New Jersey Department of Corrections, and county jail administrations.
  • Inmates in state and county facilities (who would be subject to residency/status inquiries and potential referrals to ICE if unauthorized.
  • The Office of the Attorney General and participating federal partners (ICE) through the 287(g) framework.

Funding and Immunity

  • Federal funds used to support the program (as authorized by the Homeland Security Appropriations Act) would be detailed in the MOU.
  • The memorandum would certify that participating officers act under color of federal authority, impacting liability determinations and potential immunities in civil actions under federal/state law.

Procedural and Timeline Aspects

  • Status: Introduced in the Assembly on January 9, 2024; later actions show referral to the Corporations, Authorities and Commissions committee (with notation of January 21, 2025 actions).
  • Related legislation: Companion/Similar bills include S 2562 (companion) and S 1701 (companion); prior-session A 7065, A 2877.

Potential Impacts (Summary)

  • Strengthened coordination between NJ and federal immigration enforcement within correctional settings.
  • Training and funding components could affect jail operations, officer workloads, and interagency workflows.
  • Expansion of the scope of authority for designated corrections officers, with implications for inmate rights, civil liability, and federal-state relations.
  • Involves considerations of due process, privacy, and the civil liberties implications of residency status investigations conducted by corrections staff.

If you’d like, I can reformat this into a concise one-page briefing or compare it side-by-side with its companion bills (S 2562/S 1701) for a quick cross-reference.

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

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