Requires Clear Identification from Law Enforcement, Safeguards Personal Privacy, and Codifies the Immigrant Trust Directive
TRENTON – Today, the Senate passed three bills aimed at strengthening public safety, privacy, and trust across New Jersey’s diverse communities. The bills outline clear standards to increase transparency and accountability for law enforcement during operations, protect personal privacy, and ensure that all residents can access vital public and health care services without fear of deportation.
The “Law Enforcement Officer Protection Act,” or S-3114, sponsored by Senators Benjie E. Wimberly, Troy Singleton, and Nick Scutari, requires law enforcement officers, including federal agents, to reveal their facial identities when conducting official duties. The bill also requires officers to provide sufficient identification prior to arresting or detaining an individual, such as department-issued photo identification, a uniform bearing agency insignia, or a badge. The bill allows exceptions for officers to wear facial coverings, including during undercover assignments, use as protection against chemical agents, medical exemptions, or shielding during severe weather.
“The trust local police have worked hard to build in our towns and cities is being undermined by unidentifiable ICE agents who seek to intimidate our neighborhoods while avoiding accountability,” said Senator Wimberly (D-Passaic/Bergen). “Banning the use of masks, with limited exceptions, will help us protect the civil rights of all residents and will send a clear message that anonymous and unchecked immigration enforcement will not be tolerated in New Jersey.”
“When law enforcement hides behind masks and operates without visible identification, it erodes trust, sows fear, and encourages dangerous and irresponsible behavior from civil servants who should be held to the highest standard,” said Senator Singleton (D-Burlington). “Requiring all law enforcement to provide facial and material identification during their operations is a reasonable measure that is in the best interest of public safety and accountability for our communities and all levels of law enforcement.”
"In New Jersey, we respect the professionalism of our law enforcement agencies and the standards of accountability they follow. Federal immigration officers should adhere to the same standards. This is vital in maintaining the public's trust in the rule of law and their confidence that our laws are being enforced fairly and humanely. Protecting the rights of all of our residents will serve the best interests of law enforcement and help to keep our communities safe for everyone," said Senate President Scutari (D-Union/Somerset).
The “Privacy Protection Act,” or S-3522, sponsored by Senators M. Teresa Ruiz, Andrew Zwicker, and John McKeon, limits the collection and sharing of data by government and health care entities to ensure all New Jersey residents are not discouraged from seeking necessary services. The act prohibits government entities and health care facilities from requesting or collecting certain personal identifying information related to a person’s immigration status, place of birth, social security number, and individual taxpayer identification number unless it is strictly necessary to assess eligibility for, or to administer, a requested public service, benefit, or program. When collected, this information would remain confidential and not subject to public disclosure, with some exceptions.
“Across the country, the hostile climate this administration has created for immigrants and their families is making individuals hesitant to access essential services, regardless of their legal status,” said Senate Majority Leader Ruiz (D-Essex/Hudson). “No one should be afraid to seek health care or public services because of the personal information they are asked to provide. The ‘Privacy Protection Act’ limits the collection of private information when it is unnecessary to receive services and ensures confidentiality so all New Jerseyans can access the support they need without fear.”
“Protecting people’s personal information is fundamental to maintaining trust in government and ensuring access to necessary services,” said Senator Zwicker (D-Middlesex/Mercer/Somerset/Hunterdon). “As federal authorities use government records for their aggressive and mean-spirited immigration enforcement, New Jersey must strengthen our privacy protections to prevent harm.”
“This legislation will modernize our privacy protections to safeguard personal data collected by government agencies and health care providers,” said Senator McKeon (D-Essex/Passaic). “With the Trump Administration trying to access these records in order to identify and deport our law-abiding, undocumented neighbors, we must stand up to defend their right to privacy and protect them from undue harassment by federal agents.”
The third bill, S-3521, sponsored by Senators Britnee Timberlake, Gordon Johnson, and Raj Mukherji, would codify the Attorney General’s Directive, “Strengthening Trust Between Law Enforcement and Immigrant Communities,” also known as the “Immigrant Trust Directive.” The landmark Directive, first issued in 2018, has been upheld in State and federal court.
The Directive draws a clear distinction between state, county, and local law enforcement officers, who are responsible for enforcing state criminal law, and federal immigration authorities, including ICE, who enforce federal civil immigration law. It limits the voluntary assistance New Jersey law enforcement may provide to federal authorities, ensuring state resources remain fully dedicated to protecting the public, enforcing state law, and fostering trust within our communities.
Under the bill, law enforcement is prohibited from engaging in racially biased policing and may not stop, question, arrest, search, or detain anyone solely based on actual or suspected citizenship or immigration status.
“We must assert our constitutional authority under the anti‑commandeering doctrine, which prevents the federal government from forcing states to administer federal programs. These laws make New Jersey communities safer, safeguarding people— documented and undocumented—while protecting local police from being drawn into federal actions that could expose them to serious legal and moral consequences. Lessons of the Nuremberg trials remind us 'just following orders' is not an excuse to violate fundamental constitutional and human rights. Advancing this legislation shields individuals from unfair treatment, upholds constitutional protections, and reflects the inclusive values of a nation built by immigrants. When my future grandchildren read about this moment in history, they will know we used the law to protect people,” said Senator Timberlake (D-Essex).
“Our state and local law enforcement must focus on building trust among residents and keeping our communities safe—not carrying out a cruel, anti-immigrant agenda that instills fear among hardworking, everyday people,” said Senator Gordon Johnson (D-Bergen). “Codifying the Immigrant Trust Directive will help reaffirm New Jersey’s commitment to our immigrant neighbors, who are our friends and vital contributors to our state, and stand against escalating threats from Washington.”
“These bills advance public safety at a time when the federal government is acting lawlessly, sowing division, and inciting chaos,” said Senator Mukherji (D-Hudson). “When victims and witnesses are afraid to come forward, violent offenders remain on the streets. This legislation strengthens and maintains trust between our diverse communities and state and local law enforcement, and it allows police to do their jobs — focusing on real public safety threats, preventing violence, and solving crime — while ensuring taxpayer resources are not misused to enforce federal civil immigration violations at a time when ICE has repeatedly disregarded due process and civil rights across the country.”
