Several N.J. governor candidates say they will end the state’s sanctuary status — including one Democrat

Amid President Donald Trump’s efforts to carry out mass deportations of undocumented immigrants and punish governments that don’t collaborate with ICE, New Jersey’s status as a “sanctuary state” has emerged as a major issue in the race to win the governorship.

One Democratic candidate — South Jersey’s Steve Sweeney — has joined all of the Republicans in the race who say they’ll end the policy of limiting cooperation with federal immigration enforcement.

“The federal government’s going to do what they’re going to do,” Sweeney said. " … I don’t believe in giving people false hope.”

Otherwise, on the Democratic side, the conversation largely hasn’t been about whether to keep the existing policy but rather whether to codify and expand it.

As the race moves forward, any candidate who has not made their view entirely clear will face pressure to do so.

Sanctuary is not an official term, though it is used by advocates and adversaries alike to refer to cities and states that limit their voluntary cooperation with federal Immigration Control and Enforcement. Democratic New Jersey Gov. Phil Murphy’s administration does not embrace the term in the way some jurisdictions do, but that doesn’t stop it from becoming a political talking point.

“Sanctuary state or city does not mean that people are fully protected from the reach of the federal government,” said Amol Sinha, executive director of the New Jersey ACLU. “It just means that the state isn’t going to expend its scarce resources in doing something that is solely the federal government’s responsibility. And that is consistent with long-held court precedent and the constitution.”

On the other hand, some states have anti-sanctuary policies that require such cooperation.

The Trump administration has threatened funding for sanctuary jurisdictions and a bill in Congress would also do so. Courts mostly shut down Trump’s attempts to deny funding to sanctuary jurisdictions during his first term, but litigation on the issue will continue now that he is back in office.

When politicians reference New Jersey’s “sanctuary state” policy, they’re referencing the 2018 Immigrant Trust Directive that was implemented by Murphy’s administration and updated in 2019. Since the policy did not go through the legislature, the next governor-appointed attorney general could end it with the stroke of a pen.

The directive limits the state’s voluntary involvement with ICE for the stated purpose of strengthening trust with local law enforcement so immigrants feel safe reporting crimes.

The directive largely prohibits New Jersey police officers from participating in ICE operations, providing ICE with state or local law enforcement resources, or asking someone’s immigration status unless necessary and relevant to an investigation of their indictable offense.

Murphy said the policy uncrosses the wires of “immigration enforcement and law enforcement against crimes.”

“If you’re here for the right reasons and you’re not committing a crime, federal immigration enforcement and authority is just that, with the feds,” he said. “That’s not our job at the state and local level.”

He said overturning the policy would be a “big mistake,” because “it’s worked.”

But for Republican gubernatorial contenders — former Assemblymember Jack Ciattarelli, former conservative radio host Bill Spadea, State Sen. Jon Bramnick, and former State Sen. Ed Durr — along with Sweeney, that’s exactly what needs to be done.

Courts have repeatedly found sanctuary laws to be legal, but the Trump administration recently launched legal battles with Chicago and Illinois, as well as New York state, over their sanctuary policies.

New Jersey’s sanctuary policy has survived legal scrutiny, with a federal appeals court determining in April 2021 that it is constitutional. But that hasn’t stopped some candidates from framing it as unlawful.

Sweeney, the Democrat against the policy, first announced he would repeal the sanctuary directive in the same sentence he said “illegal immigrants who commit crimes are not welcome in New Jersey.” He has repeatedly suggested the policy is at odds with the law.

“We’re complaining about Donald Trump breaking the law, which we shouldn’t let him do, but we’re going to break the law, too, because we’re going to say we’re not going to follow the rules,” he told reporters after the Democratic debate in early February. “You can’t have it both ways. … I believe as a nation of laws, you need to follow them.”

When pressed in an interview about whether New Jersey law enforcement should assist ICE, he said, law enforcement “should follow the laws; whatever the law is, it should be followed.”

“We’re not gonna be chasing, running around saying, ‘Oh, please, can we help you?’” he said. “But we shouldn’t be an obstruction, either.”

Bramnick, the Republican state senator, similarly suggested at the Republican debate in early February that the directive breaks federal law — saying the state needs to “follow law and order, and the federal law is that you have to cooperate with the federal government.”

Bramnick clarified in an interview that he believes it’s the state’s responsibility to help the federal government enforce its laws — such as by answering ICE’s questions about jail detainees — but does not know whether it’s legally required.

“Look, I feel very badly about certain people who have been here for 30 years, and this is their life, but we have to follow the law as a governor of this state,” Bramnick said.

Newark Mayor Ras Baraka and Jersey City Mayor Steve Fulop have been outspoken about supporting the Immigrant Trust Act, a bill that would codify the state’s sanctuary directive and expand it.

Baraka said at the Democratic debate that “you can’t say that you support immigrants” while not supporting the bill, and Fulop said his support for the bill has been “unapologetic.” Baraka also said in an interview that it would be “stupid” to get rid of the policy, in part because of immigrants’ contributions to the state’s economy.

Sean Spiller, the president of the NJEA teachers union and former mayor of Montclair, was not as gung-ho about the act during the debate but later said in a statement to The Inquirer that he also supports the bill.

“As an immigrant, and the son of immigrants, I strongly support the Immigrant Trust Act and the Immigrant Trust Directive,” said Spiller, who was born in Jamaica. “Given the recent actions of Donald Trump, I encourage the legislature to act on this.”

Nedia Morsy, director of advocacy group Make the Road Action, said it would be “devastating” if the next governor’s administration reverses the directive and hopes legislators have the “courage” to codify it with the bill.

“Stripping away the Immigrant Trust Directive is handing Trump the keys to deport families,” she said. “ … The state has the ability to control its own resources, and should really lean into that power.”

However, U.S. Rep. Mikie Sherrill, of Essex County, argued that codifying the bill could put the state’s policy back in the hands of an uncertain judicial system and expressed concerns about details of the bill surrounding “criminal consequences for those who commit violent offenses.”

“We also know that New Jersey’s directive has already withstood judicial review — and that additional action, if not precise, could undo important protections which we cannot risk under the Trump administration,” she said in a statement.

As for whether Sherrill would keep the Trust Directive in place, a spokesperson said that Trump “is changing the rules rapidly” and that Sherrill would review the state’s policies and “address the circumstances as they exist then.”

U.S. Rep. Josh Gottheimer, who lives in Bergen County, said he supports the directive that’s in place but did not comment on the bill.

“Josh supports the current Jersey policies that boost trust in law enforcement, help protect innocent immigrants, and enable police officers to investigate and solve crimes,” his spokesperson Peter Optiz said.

“Josh’s position has been very clear: If the President tries to come into Jersey and round up innocent people in churches and schools, Josh will do everything in his power to protect Jersey families,” Optiz said.

Some municipalities in New Jersey have individually declared themselves sanctuary cities, like Baraka’s city of Newark and Fulop’s Jersey City.

Ciattarelli, the former state representative and GOP gubernatorial candidate, has repeatedly threatened state funding from municipalities that insist on calling themselves sanctuary cities.

“By not having sanctuary cities or us being a sanctuary state, that means that our local law enforcement communities can work in partnership with any federal agency they see fit to provide for safety in our community,” he said at the Republican debate.

Former conservative radio host Spadea said his administration will have “complete and total cooperation” with federal law enforcement when asked about sanctuary cities.

He said in a statement that if a local government doesn’t cooperate, his administration would call in state police or the National Guard to assist with deportation if necessary. However, he did not say there would be consequences for local jurisdictions who want to identify as sanctuary cities.

“If a local government chooses not to cooperate, we will not hesitate to utilize all of the tools at our disposal to ensure our federal partners are able to complete their mission,” he said.