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On March 25, 2026, Governor Mikie Sherrill signed three landmark immigration-protection bills into law — affecting potentially as many as 2.4 million immigrants in New Jersey, roughly 500,000 of whom are undocumented. At Lee & Garasia, LLC, we have been closely following this legislation since its introduction. What follows is a plain-language primer on what these laws mean for foreign nationals here.
This legislation codifies — meaning makes permanent in statute — the 2018 Immigrant Trust Directive originally issued by the state Attorney General. Until now, that directive existed only as an administrative order, which meant a future governor or attorney general could withdraw it unilaterally. By converting it into law, the safeguards built into it become far harder to undo.
What It Does
What It Does NOT Do
This law does not prevent police from cooperating with ICE if a person has been convicted of a serious criminal offense — including first- or second-degree offenses, certain domestic violence crimes, weapons offenses, and other major crimes — or if that person is subject to a final order of removal. It also does not apply to federal agents operating independently; it governs New Jersey state and local resources only.
This bill adds a significant layer of protection to foreign nationals who become caught up in the criminal justice system. Prior to the Immigrant Trust Directive, immigrants were routinely held in jails well beyond the completion of their criminal sentences, and law enforcement was able to use immigration status as leverage to detain and question individuals in ways that violated their constitutional rights.
What this means for you: If you are stopped by a New Jersey state or local police officer, they cannot hold you or turn you over to ICE simply because of your immigration status. You have the right to remain silent and to speak with an attorney before answering any questions.
This law places strict limits on how and when government agencies and healthcare facilities in New Jersey can collect and share your personal information — with a particular focus on preventing that data from being accessed by federal immigration authorities.
What It Does
Why This Matters
A growing concern in 2025 and 2026 has been the federal government's efforts to access state and local databases to identify and locate undocumented individuals. This law creates a legal firewall around the data New Jersey collects when you visit a hospital, apply for benefits, obtain a driver's license, or interact with a government agency. It should help alleviate the fear many immigrants feel about seeking medical care or applying for services they are entitled to. What this means for you: You should be able to seek medical care, apply for benefits, and obtain a driver's license without your sensitive personal information being shared with federal immigration authorities — but this protection has limits when federal criminal statutes are involved. When in doubt, consult an attorney before disclosing anything.
A4070 protects data shared for immigration enforcement purposes under Title 8 of federal law. However, it does not prevent disclosure where federal authorities frame their request around a criminal false claim to citizenship or voter registration fraud under Title 18 or Title 52 of the U.S. Code — which fall outside this law's protections.
This is a critically important issue right now, particularly for lawful permanent residents applying for naturalization. We are seeing clients arrive at their naturalization interviews in Newark, Cranbury, and Mount Laurel only to be informed — to their shock — that they registered to vote as a non-citizen, and that doing so constitutes a false claim to U.S. citizenship. In many cases this happened inadvertently through the Motor Voter process, when a person was automatically offered voter registration at the DMV without fully understanding the immigration consequences.
If you have ever registered to vote as a non-citizen — even inadvertently — consult an immigration attorney immediately. A false claim to citizenship can result in a permanent bar from the United States. This law does not shield you from that consequence, and the time to address it is before your naturalization interview, not after.
This law requires all law enforcement officers — including federal officers such as ICE agents — to identify themselves before making an arrest or detention in New Jersey, and prohibits them from wearing masks or face coverings when interacting with the public.
What It Does
Why This Matters
Across the country there have been disturbing reports of individuals arriving in unmarked vehicles, wearing masks, and claiming to be federal agents while apprehending people. Governor Sherrill was pointed in her remarks at the bill signing: "I can't believe we have to say this, but in the United States of America, we're not going to tolerate masked roving militias pretending to be well-trained law enforcement agents."
Under this new law, any officer — federal or state — operating in New Jersey can no longer shield their identity behind a mask. They must identify themselves and present credentials before carrying out an arrest or detention. If an officer refuses to identify themselves, that fact should be documented and reported to an attorney immediately.
What this means for you: If someone approaches you claiming to be a law enforcement officer, you have the right to ask for their identification and agency affiliation before complying with any arrest or detention. Document as much as you can and contact an immigration attorney as soon as possible.
Do these laws protect undocumented immigrants?
Yes, in significant ways. The Privacy Protection Act and the Immigrant Trust Directive codification apply regardless of immigration status — they protect undocumented individuals, lawful permanent residents, visa holders, and U.S. citizens alike. However, these laws govern state and local conduct only. They do not prevent federal agents from enforcing federal law using federal resources, and they do not resolve or regularize anyone's immigration status. They merely prevent New Jersey from being turned into an enforcement arm of Immigration and Customs Enforcement.
What should I do if ICE comes to my door?
Do not open the door. ICE cannot legally enter your home without a judicial warrant — a document signed by a federal judge or magistrate. An administrative warrant issued by DHS alone is not sufficient. Ask through the door or a window to see the warrant and who signed it. If it was not signed by a judge, you are not required to open the door. Remain calm, do not run, and contact an immigration attorney as soon as possible.
Can ICE still operate in New Jersey?
Yes. These laws do not prevent ICE from carrying out its federal mandate. What they do is restrict the extent to which New Jersey's own resources — police, databases, facilities, and personnel — can be used to support those operations. ICE can still independently arrest, detain, and deport individuals using its own federal resources.
Are these laws legally enforceable against federal agents?
This is an evolving legal question. The federal government may challenge aspects of these laws, particularly the identification requirement as applied to ICE agents. The legal foundation for these laws rests on the anti-commandeering doctrine, which holds that the federal government cannot compel states to administer federal programs. New Jersey has successfully defended the original Immigrant Trust Directive in both state and federal court, which is an encouraging precedent — but litigation is possible.
What if I am stopped by police?
Know your rights. Under New Jersey law and the U.S. Constitution, you have the right to remain silent and the right to speak with an attorney. You are not required to answer questions about your immigration status. Politely and clearly state that you are exercising your right to remain silent and that you are requesting an attorney. Do not sign any documents without legal counsel present.
What are the limits of these protections?
The Immigrant Trust Directive codification contains exceptions for individuals convicted of or charged with serious criminal offenses. If someone has committed or been accused of a grave offense, they will not be shielded by this law and information may be shared with federal authorities. Additionally, as discussed above, these laws do not protect against disclosures compelled by federal criminal statutes unrelated to Title 8 immigration enforcement.
What This Means for New Jersey Immigrants Right Now
These three laws collectively represent one of the strongest state-level immigrant protection packages in the country. They signal New Jersey's commitment to keeping immigrant communities safe, informed, and able to access essential services without fear.
However, these laws do not resolve anyone's underlying immigration status. They do not provide a path to legal status, a green card, or citizenship. They create breathing room — but they are not a substitute for experienced legal counsel. The only way to truly secure your future in the United States is to address your immigration situation proactively, with the guidance of an attorney who understands the law and the current enforcement climate.
Our firm has more than thirty years of experience helping individuals and families navigate the U.S. immigration system. We assist clients with:
Immigration law is complex, and these new protections — while meaningful — are not a substitute for personalized legal counsel. Every situation is different. If you have questions about how these laws apply to your circumstances, or if you need help addressing your immigration status, we are here to help.