An Act concerning the enforcement of federal immigration policy and supplementing Title 52 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. a. As used in this act:

"Federal immigration authorities" means agencies of the United States government responsible for implementing and enforcing federal immigration law, including but not limited to, the United States Immigration and Customs Enforcement, United States Customs and Border Protection, and United States Citizenship and Immigration Services within the Department of Homeland Security.

"Detainer request" means a request that a law enforcement agency maintain custody of a person beyond the time that person would otherwise be eligible for release in order to facilitate the transfer of that person to federal immigration authorities.

"Immigration notification" means a detainer request, transfer request, or notification request issued by federal immigration authorities to a law enforcement agency.

"Law enforcement agency" means a State, county, or municipal law enforcement agency and State or county correctional facility.

"Notification request" means a request that a law enforcement agency inform federal immigration authorities of the release of a person from the law enforcement agency's custody and includes, but is not limited to, a Department of Homeland Security Form I-247N.

"Transfer request" means a request that a law enforcement agency facilitate the transfer of an individual to the custody of federal immigration authorities, and includes, but is not limited to, a Department of Homeland Security Form I-247X.

b. A law enforcement agency shall not comply with or detain any person on the basis of an immigration notification unless that person has at any time been convicted of one or more of the following offenses:

(1) N.J.S.2C:11-3, murder;

(2) N.J.S.2C:11-4, aggravated manslaughter or manslaughter;

(3) N.J.S.2C:11-5, vehicular homicide;

(4) subsection b. of N.J.S.2C:12-1, aggravated assault;

(5) subsection b. of section 1 of P.L.1996, c.14 (C.2C:12-11), disarming a law enforcement officer;

(6) N.J.S.2C:13-1, kidnapping;

(7) N.J.S.2C:14-2, sexual assault;

(8) N.J.S.2C:15-1, robbery;

(9) section 1 of P.L.1993, c.221 (C.2C:15-2), carjacking;

(10) N.J.S.2C:17-1, arson and related offenses;

(11) N.J.S.2C:18-2, burglary;

(12) N.J.S.2C:20-5, theft by extortion;

(13) subsection b. of section 1 of P.L.1997, c.185 (C.2C:35-4.1), booby traps in manufacturing or distribution facilities;

(14) N.J.S.2C:35-9, strict liability for drug induced deaths;

(15) section 2 of P.L.2002, c.26 (C.2C:38-2), terrorism;

(16) section 3 of P.L.2002, c.26 (C.2C:38-3), producing or possessing chemical weapons, biological agents or nuclear or radiological devices;

(17) N.J.S.2C:39-5, unlawful possession of a weapon;

(18) N.J.S.2C:41-2, racketeering, when it is a crime of the first degree ¹[:] ;¹

(19) subsection i. of N.J.S.2C:39-9, firearms trafficking;

(20) N.J.S.2C:24-4, endangering the welfare of a child; or

(21) any crime or offense involving domestic violence, as defined in subsection a. of section 3 of P.L.1991, c.261 (C.2C:25-19).

¹c. Nothing in this section shall restrict a State, county, or municipal employee, entity, or agency from maintaining, requesting, sending, receiving, or exchanging information regarding a person's citizenship or immigration status, lawful or unlawful, with another Federal, State, or local government entity in accordance with 8 U.S.C. 1373 and 8 U.S.C. 1644.¹

2. This act shall take effect immediately.