A328

An Act concerning the relocation of persons unlawfully in the State and supplementing Title 52 of the New Jersey Statutes.

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

1. This act shall be known and may be cited as the “Unifying Families and Bringing Them Home Act.”

2 a. As used in this section:

“Authorized settlement country” means any country other than the country of origin that permits the relocation of a person unlawfully present in the State of New Jersey.

“Country of origin” means the country in which a person was a citizen at the time the person entered the United States.

“Federal authorities” means any agency, department, or entity of the United States responsible for the enforcement of federal immigration laws.

“Immediate family” means a person’s spouse, domestic partner, civil union partner, biological child under the age of 21 years, and legal ward.

b. The Attorney General shall establish a program to pay the cost to relocate any person who is unlawfully present in the State to the person’s country of origin or an authorized settlement country. To be eligible for the program, the person shall reside in the State of New Jersey and be an alien alleged to be in violation of United States immigration law. The program shall also pay for the relocation of the eligible person’s immediate family also residing in New Jersey, provided that the immediate family member provides consent to be relocated under the program. No person shall be eligible to participate in the program whose immediate family does not consent to be relocated under the program.

c. The Attorney General shall investigate any person participating in the program established pursuant to subsection b. of this section for any alleged violation of law. Upon verification by the Attorney General that the only alleged violation of law by a program applicant is a violation of federal immigration law, the State shall not share information regarding the person with federal authorities.

d. Any person who reenters the State unlawfully after utilizing this program is guilty of a crime of the fourth degree and shall be liable to a penalty equivalent to the cost incurred by the State to relocate that person and the person’s immediate family.

e. The Attorney General may establish guidelines necessary to effectuate the purposes of this section. In establishing the program, the Attorney General shall consult with appropriate State and Federal agencies as necessary to establish and implement the program, including, but not limited to, the New Jersey Office of Homeland Security and Preparedness, the New Jersey Department of Corrections, the New Jersey Department of Human Services, the New Jersey Department of Health, the United States Immigration and Customs Enforcement, and the United States Department of Homeland Security.

3. This act shall take effect no later than on the sixth month next following enactment.

STATEMENT

This bill establishes the “Unifying Families and Bringing Them Home Act.”

Under the bill, the Attorney General (AG) is required to establish a program to relocate persons unlawfully present in the State, along with any immediate family that consents to participate in the program, to their country of origin or an authorized settlement country. The bill provides that any person whose immediate family does not consent to relocation is not eligible to participate in the program. The bill defines “immediate family” to mean a person’s spouse, domestic partner, civil union partner, biological child under the age of 21 years, and legal ward.

The bill requires the AG to investigate a person participating in the program for any alleged violation of law. Under the bill, upon verification by the AG that the only alleged violation of law by a participating person is a violation of federal immigration law, the State is not permitted to share information regarding a person participating in the program with federal authorities.

Under the bill, it is a crime of the fourth degree for a person to unlawfully reenter the State after utilizing the program. A crime of the fourth degree is punishable by up to 18 months imprisonment, a fine of up to $10,000, or both. In addition, a program participant who reenters the State after utilizing the program is liable to a penalty equivalent to the cost incurred by the State to relocate that person and the person’s immediate family.

The sponsor notes that the presence of individuals unlawfully in the State poses significant financial and social challenges to New Jersey. The sponsor intends for this program to reduce the costs associated with providing services to these individuals in New Jersey, including education and healthcare expenses. According to the sponsor, by facilitating the relocation of these individuals to their country of origin or an authorized settlement country, the bill aims to alleviate the financial burden on State resources and promote compliance with the rule of law.