New Jersey County Passes Law Barring ICE Notification Before Releasing Undocumented Inmates

The measure, approved by the county's Board of County Commissioners, bars sheriff's officers and other local law enforcement from alerting federal immigration agents about the impending release of noncitizens who have been held on criminal charges.

The decision drew immediate criticism from the U.S. Department of Homeland Security, which issued a statement condemning the move. DHS officials said the policy undermines public safety by preventing ICE from taking custody of individuals who may pose a threat to the community.

Supporters of the law argue it is necessary to build trust between immigrant communities and local police, encouraging undocumented residents to cooperate with law enforcement without fear of deportation. They say the measure applies only to notification practices and does not prevent ICE from conducting its own enforcement operations.

Essex County, which includes the city of Newark, has positioned itself as a sanctuary jurisdiction in recent years, limiting cooperation with federal immigration authorities. The new law formalizes these practices, making it a countywide requirement rather than a matter of individual officer discretion.

The clash between local and federal authorities over immigration enforcement is likely to continue, with DHS signaling it may pursue legal or administrative action against the county.