The New Jersey Alliance for Immigrant Justice (NJAIJ) and its partners celebrate the introduction of the Immigrant Trust Act in the New Jersey Legislature today. This landmark legislation marks a momentous step toward protecting the privacy of our immigrant communities and expanding vital access to state and local public services.
New Jersey has made significant progress in advancing pro-immigrant policies and rights, implementing initiatives such as drivers’ licenses for all, expanding access to legal services, ensuring language access plans, and enhancing workers' rights. The state has also made important progress in providing healthcare access for undocumented children and creating pathways for Dreamers to access school tuition. However, despite these achievements, there is currently no law in place that explicitly protects individuals from the unnecessary collection or disclosure of their immigration status. This legal void heightens the pervasive fear felt by many immigrants, a fear that grows as we approach the uncertainty of the upcoming presidential election in November and continue to witness the harmful anti-immigrant rhetoric candidates employ.
“New Jersey is a state of immigrants, and building trust between the state and all of the diverse communities within it is essential for public health, public safety, and community engagement,” said Senator Gordon Johnson (D-Bergen). “Our current cultural and political climate has made many immigrants fearful when interacting with law enforcement and state agencies. The Immigrant Trust Act looks to rebuild confidence by limiting the collection of citizenship information at the state level to ensure that no individual has to fear discrimination, detention, or deportation when accessing vital public benefits and services.”
“As an immigrant who arrived in this country at six years old, I deeply understand the challenges and fears that many immigrant families experience. The Immigrant Trust Act is crucial for ensuring that all New Jerseyans, regardless of immigration status, feel safe and supported,” said Assemblywoman Ellen J. Park (D-Bergen). “New Jersey thrives as a state of immigrants, and building trust between the state and its diverse communities is crucial for public health, safety, and meaningful community engagement. This act helps create a safer, more inclusive environment where everyone can contribute and live without fear.”
“The Immigrant Trust Act epitomizes what NJAIJ and our members have long fought for: protections that bring us closer to the resources and rights we are entitled to,” said Erik Cruz Morales, Policy and Advocacy Manager at the New Jersey Alliance for Immigrant Justice (NJAIJ). “Federal policies and attitudes toward our communities continue to erode, which is why New Jersey must lead in establishing fair and inclusive policies for immigrants who call this state home.”
The fear of deportation or family separation due to engaging with public service providers-- such as healthcare facilities, government agencies, or law enforcement-– is a reality shared by one in four New Jersey residents who are immigrants. This lack of trust in the protection of their sensitive information further deepens their hesitancy to interact with these programs, despite having the right to access them.
"Every parent should trust that their child can engage with public programs—like schools and healthcare—without fear of family separation. Unfortunately, this trust has been eroded,” said Marleina Ubel, Senior Policy Analyst at New Jersey Policy Perspective. “New Jersey must do more to protect the nearly half a million children at risk of surveillance and separation, which can have lasting, devastating impacts on their mental health, academic success, and well-being.”
“Our community members with mixed immigration statuses should feel safe. They should be able to take their parents or children to see a doctor without worrying about their personal information being shared with ICE,” said Seongwon Kim, Program Manager with Minkwon Center for Community Action. “The ITA is the creation of protection, making our community safer together for all New Jerseyans.”
“At AFSC we have encountered many cases where regular interaction with police has meant detention and even deportation,” said Araceli Argueta, Organizing and Advocacy Director at AFSC NJ Immigrant Rights Program. “When people trust their local authorities, they're more likely to report crimes, access healthcare, and contribute fully to their communities, making our state more inclusive and just for everyone.”
The only existing policy aimed at protecting the privacy of immigration status is the Immigrant Trust Directive, a temporary order that prohibits state law enforcement from stopping, detaining, arresting, searching, or questioning individuals based solely on suspected or actual legal status. Though impactful, it lacks coordinated training and clear and permanent guidance, as exemplified by the sheer disregard for the Directive demonstrated by the actions of the Edison Police Department in the beginning of this year. Through recovered body camera footage, officers were evidenced to have detained a busload of migrants solely due to suspected legal status, a clear violation of the Directive. It is obvious that codification is critical, and further steps need to be taken to truly protect and serve immigrant New Jerseyans.
“Under the Immigrant Trust Act (ITA), New Jersey law enforcement will no longer use local resources to funnel people into ICE custody – a practice that disproportionately harms Black and brown communities and sometimes denies people their right to challenge the charges against them,” said ACLU-NJ Campaign Strategist Ami Kachalia. “In the face of increasing threats to immigrant communities across the country, we’re urging lawmakers to swiftly pass the ITA so New Jersey can be a fairer, more just state for all who call it home.”
“The Immigrant Trust Act is a necessary piece of legislation for encouraging immigrant New Jerseyans to thrive,” said Rev. Charles Loflin, Executive Director of Unitarian Universalist Faith Action NJ. “Our community members have been requested by public schools to provide legal status information—it is time that we make clear that sensitive information, such as their status, is not required for enrollment nor does it provide the school any information that will aid in educating a child.”
“Too many community members have been caught in the prison-to-deportation pipeline, and the Immigrant Trust Act will help prevent families and communities from being torn apart further by our biased criminal legal system,” said Katy Sastre, Executive Director of First Friends of New Jersey & New York. “In particular, by further limiting cooperation between local law enforcement and immigration enforcement agencies, this bill strengthens our state's commitment to creating more inclusive and secure communities for all New Jerseyans.”
“This bill is vital for ensuring that the personal information of immigrant children and their families will not be shared by the State of New Jersey with ICE or federal authorities,” said Priscilla Monico Marín, Esq., Executive Director of the New Jersey Consortium for Immigrant Children. “In a time when there is already massive uncertainty in the lives of immigrant children, the Immigrant Trust Act will help instill confidence and security in our state among this vulnerable population.”
As the presidential election approaches, neither the Democratic or Republican nominee has brought forward progressive, inclusive policies to maintain the privacies and protections of immigrant communities. Meanwhile, escalating anti-immigrant rhetoric at the federal level is causing heightened fear and distrust in government among immigrant communities nationwide. This continues to discourage many residents from seeking the assistance that they need for themselves and their families, with research showing that in 2020, 20% of adults in immigrant families with children reported avoiding public benefits, with this number rising to 30% for low-income families.
"The Immigrant Trust Act would send a powerful message that no one should fear seeking help, protecting their loved ones, or contributing to their communities,” said Cristian Moreno, Executive Director, El Pueblo Unido of Atlantic City. “We join this fight on behalf of our community members in South Jersey who have been afraid to access schools, hospitals, or local services, and so that no community members are torn from their homes and families in New Jersey due to the unjust sharing of information with ICE ever again."
“Our collective faith traditions teach us that we are all interconnected, and when one family suffers, we all suffer,” said Charlene Walker, Executive Director of Faith in NJ. “The Immigrant Trust Act reflects this truth by ensuring everyone can access vital services without fear, fulfilling our sacred duty to love and protect our neighbors, and strengthening the bonds of our entire community. Faith in New Jersey urges legislators to act swiftly and with compassion to pass this bill—our communities cannot afford to wait.”
"Over 1 in 5 undocumented immigrants in New Jersey were born in Asia, making the Immigrant Trust Act an essential cornerstone of a future where all Asian Americans and Pacific Islanders can access essential public services and programs, that most New Jerseyans are able to take for granted,” said Amber Reed, Co-Executive Director of AAPI New Jersey. “As the most diverse state in the nation, New Jersey should be a national leader in implementing state-level protections for immigrants, and we look forward to working with our lawmakers and state agencies to pass and implement this essential legislation."
“We have seen the positive results when the governments of our state and towns value all their residents, and our neighbors all have the confidence to live their lives and contribute to their communities,” said Jose Luis Torralba, a board member of Wind of the Spirit Immigrant Resource Center. “Many of our families are made up of people born here, others who obtained their citizenship, and still more who are Americans in every way but that piece of paper. Passing the Immigrant Trust Act will prove what we already know: that we are a fair and welcoming state and are strong in our shared value of each other.”
With the looming threat of another ICE detention center opening in New Jersey and a heightened ICE presence, fear within immigrant communities is on the rise along with concerns about their private and sensitive information. If immediate action is not taken to safeguard their privacy, New Jersey risks falling victim to the U.S. deportation machine, removing thousands of people that actively contribute to both the economic and social development of the state.
