Research Note Researched

New Jersey Sanctuary State Legislation Package (2026)

Overview

In early 2026, New Jersey passed and signed into law a comprehensive package of anti-ICE legislation, becoming the 10th state to codify prohibitions on local ICE cooperation. Governor Mikie Sherrill signed three bills on March 25, 2026.

The Three Bills

1. 287(g) Ban / Sanctuary Policy Codification (P.L. 2026, c. 5)

Codifies the 2018 “Immigrant Trust Directive” issued by then-AG Gurbir Grewal into statutory law:

Prohibits state, county, and local law enforcement from entering, modifying, renewing, or extending 287(g) agreements
Blocks local/state police from aiding ICE raids or providing resources (office space, databases, property)
Prohibits state correctional officers from allowing ICE to interview individuals detained on criminal charges
Assembly passed 50-21, Senate passed 22-13 (party-line votes)

2. Mask Ban for Law Enforcement

Bars all law enforcement officers, including federal ICE agents, from wearing masks in NJ
Requires officers to clearly identify themselves before making arrests
Senate passed 24-14, Assembly passed 52-18

3. Immigration Data Privacy Protection

Shields immigration status data from collection and sharing with federal authorities
Restricts state/local agencies from collecting or sharing immigration status information

Legislative Process

January 12, 2026: NJ Legislature gave final passage to three anti-ICE bills in divided votes
February 11, 2026: Governor Sherrill took initial protective actions via executive order
March 23-25, 2026: Legislature approved final versions; Governor signed all three

Additional Pending Legislation

S-3864 / A-4167: Public Funding Ban (April 2026)

Would bar state and local tax dollars from building, running, or subsidizing detention centers
Would ban local governments from selling, leasing, or donating publicly owned property for detention use
Still health/safety spending for detainees would be permitted
In committee as of April 2026

Kim-Booker Warehouse Ban Bill (February 2026)

Federal bill pushed by Senators Kim and Booker to stop DHS from converting warehouses into detention camps
Directly targeting the Roxbury model

Dignity for Detained Immigrants Act (Booker/McIver/Menendez)

Would end use of private, for-profit detention facilities
Increase federal oversight of detention system
Introduced after Senator Booker toured Delaney Hall

Significance

The codification of the Immigrant Trust Directive was driven by fear that a future governor friendly to the Trump deportation agenda could simply reverse the executive directive. Statutory law requires legislative repeal.

However, the Third Circuit ruling in July 2025 (striking down NJ’s ban on private ICE detention contracts as unconstitutional regulation of federal government) shows the limits of state-level sanctuary policy. NJ can ban local police cooperation but cannot prevent private companies from contracting with ICE to operate detention facilities on private property.

The result is a two-track system: state police won’t cooperate with ICE, but private prisons (Delaney Hall, Elizabeth) continue operating under federal contracts that the state cannot block.

Sources

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