New Jersey's Outgoing Governor Vetoes Anti-ice Bill, Saying It Could Undermine Existing Protections

In one of his last actions in office, Gov. Phil Murphy of New Jersey on Tuesday vetoed a bill that would write into state law permanent restrictions between state and local law enforcement and federal immigration authorities — saying signing it would “unintentionally undermine protections for New Jersey’s immigrant communities.”

The outgoing governor's action comes amid intense scrutiny on Immigration and Customs Enforcement following an agent's fatal shooting of a woman in Minnesota this month. New Jersey lawmakers cited that shooting in hearings as one reason to pass the bill in a package of pro-immigration legislation.

The Garden State currently has a nearly identical policy through a state directive — although progressives wanted Murphy to codify it into law to ensure it would continue permanently. Gov.-elect Mikie Sherrill has said she would continue the practice which began under the Murphy administration, although she has suggested she would tweak it to help federal agents if they are in “real danger.”

New Jersey’s current practice — dubbed the Immigrant Trust Directive — has been the subject of litigation but has been upheld in federal court, including by a Trump-appointed judge. In a statement, Murphy said the vetoed bill, NJ A6310 (24R), contains two provision that could undermine its standing in court: removing an exception that allowed state authorities to notify federal authorities of an inmate’s release if they’re subject to a final order of deportation signed by a federal judge, and new restrictions on state and local law enforcement funding used to assist federal immigration enforcement.

“I am extremely concerned that signing this bill, which differs from the Immigrant Trust Directive, would open New Jersey up to a new court challenge and renewed judicial scrutiny from judges who may not render the same decision upholding these critical protections,” Murphy said.

State Sen. Britnee Timberlake, a Democrat from Essex County who sponsored the bills, said in a phone interview that she would reintroduce the two vetoed bills and hopefully see them signed by Gov.-elect Mikie Sherrill, who takes the oath of office at noon Tuesday.

“We needed these bills to help protect all New Jerseyans, both documented and undocumented. It’s unfortunate.”

Murphy did sign a bill that was part of the same legislative package, NJ A6308 (24R), directing the attorney general to publish model policies for hospitals, public schools, courthouses and several other “sensitive” sites on interacting with civil federal immigration enforcement. Murphy also vetoed a third bill in the package, NJ A6309 (24R), citing a drafting error. It would have restricted the collection of immigration status and other personal information by state and local governments and local health care facilities.

The decision to kill the centerpiece of the package comes as the White House publicly pushed back against the New Jersey Legislature for sending the bills to Murphy’s desk. Democratic-controlled states have mulled proposals in response to the Trump administration's deportation efforts, which have been the president’s top domestic issue. New Jersey has the second-largest percentage of immigrants of any state after California.

Trenton lawmakers started moving the bill before the death of Renee Good, the Minnesota woman who was fatally shot by an ICE agent. But Good’s death was frequently mentioned by Democratic lawmakers who argued the legislation was necessary.

“Anyone who is an ancestor of a Holocaust survivor will tell you, this is how it starts,” Timberlake said during a committee hearing. “If you don’t believe me, just ask the children of the 37-year-old woman from Minnesota, a white American citizen, who was just shot and killed by ICE.”

The Trump administration has targeted New Jersey’s immigration policies in the past. Former acting U.S. Attorney for New Jersey Alina Habba said she was investigating Murphy and Attorney General Matt Platkin over the policy, but nothing has come from that investigation. The Department of Justice is also suing three New Jersey cities that have similar policies at the local level.

New Jersey’s Immigrant Trust Directive blocks state and local governments from entering into so-called 287(g) agreements with ICE, which deputize local cops to act as immigration agents. According to the Trump administration, New Jersey is one of six states where state policies prohibit such agreements.

The Immigrant Trust Directive also prohibits local jails and prisons in New Jersey from continuing to hold people so ICE can pick them up, unless they have been charged or convicted of a violent or serious offense or subject to a final order of removal from a federal judge.

The major bill Murphy vetoed would have made permanent the prohibition on 287(g) agreements and restrictions on continuing to hold immigrants in jail just so ICE can pick them up. The bill did not include the carve-out that local cops can work with ICE if someone was subject to a final order of removal.

The bill also barred cops from asking people about their immigration status unless it was necessary to an ongoing investigation — which is also in the Immigrant Trust Directive.

The bill passed largely along party lines in the state Legislature. Democrats argued that setting up clear boundaries between local law enforcement and ICE would help public safety, contending that immigrant communities would feel safe speaking with local police.

Republicans in Trenton countered that law enforcement agencies should be able to work freely without restriction, saying that siloing information would jeopardize public safety.

Two GOP-led counties previously sued the Murphy administration, seeking to undo the directive, although the 3rd U.S. Circuit Court of Appeals — including a Trump-appointed judge — upheld it.