Safeguarding immigrant rights and access to public services

In New Jersey, AFSC, partners, and community members are advocating for legislation to protect immigrants seeking public services from deportation, ensuring safety and dignity for all.

By Serges Demefack

A few weeks ago, I was contacted by a community leader who was in despair after hearing that a newlywed husband was arrested by local law enforcement. Shortly after, he found himself jailed in an immigration detention center. 

“It all happened very fast,” I was told. The disturbing fact about this case is that the couple had a family dispute, and both had decided to call the local police by dialing 911. Although no formal complaint was filed at the police station, the community member was never released. Instead, he was sent to Moshannon Valley Processing Center, Pennsylvania’s largest immigration detention facility. There, he faced weeks of uncertainty while separated from his loved ones. 

In most cases, people in detention are ultimately deported if they can’t afford an attorney. Fortunately, he was able to get legal representation from AFSC's Immigrant Rights Program.  

Sadly, this community member's story is not unique. Time and again, we’ve seen people in New Jersey seek social services only to be reported by local government staff to Immigration and Customs Enforcement (ICE). 

The chilling effect on immigrant communities

As an immigrant rights organizer for the past eight years, I know that immigrant communities in New Jersey and across the nation live in constant fear of seeking help from government agencies. The fear of being reported to federal immigration authorities often discourages individuals from seeking essential services and getting the help they need. 

This shouldn’t be the case. No one should fear seeking social services due to their immigration status. Yet over the years, AFSC’s immigration attorneys and organizers have helped many people for whom routine interactions with police or government agencies resulted in detention and deportation. The consequences are devastating. Children are separated from their parents. Families lose their homes and businesses. People are deported back to dangerous conditions from which they had fled.

Introducing the Immigrant Trust Act

A coalition of New Jersey-based immigrant rights organizations, including AFSC, is trying to change that. On Sept. 26, we introduced a bill known as the Immigrant Trust Act (ITA). The bill (S 3672) would provide critical privacy protections, ensuring that New Jerseyans can safely access public services—like health care and education—without fear of deportation. 

Over the past five months, AFSC staff have helped draft the bill and organize support as part of the New Jersey Alliance for Immigrant Justice (NJAIJ), which coordinates this initiative. Our coalition includes more than 50 local organizations and community groups across the state. In the coming months, AFSC staff, partners, and community members will keep up our advocacy through rallies, testifying before the legislature, and sharing stories of loved ones who have been harmed because of the lack of protections for immigrants in our state.  

The Immigrant Trust Act builds on an existing statewide policy enacted in 2018 known as the Immigrant Trust Directive. When the state adopted that policy, it acknowledged that “[immigrant] residents fear that a traffic stop will place them in a detention center, and so they avoid their day-to-day tasks that the rest of us take for granted. They fear that a call to police will end in their deportation.” While the 2018 policy was a step in the right direction, its power is limited and its protections are not permanent. 

Now is the time for state legislators to act. Passing the Immigrant Trust Act is crucial to safeguard immigrant communities. The bill would strengthen provisions in the 2018 directive and create additional safeguards. It would also ensure that sensitive information of community members is not shared or collected at places such as public schools, health care facilities, public libraries, shelters, police stations, and more. 

A safer community for all  

Today, we must demand our government officials shift how state, county, and municipal resources are allocated. We must ensure that public services are accessible to everyone in need. Instead of prioritizing immigration enforcement, we must focus on protecting the health, safety, and well-being of all community members. 

New Jersey is home to a vibrant mix of cultures, with over 40% of its children growing up in immigrant families. This diversity is a testament to the significant contributions immigrants make to the state’s social fabric and economy. Adopting the Immigrant Trust Act is one way for us to recognize these contributions and ensure that New Jersey remains a place where every individual’s rights and dignity are upheld, no matter where they came from.  

Through these efforts, New Jersey can build a stronger, more inclusive community. It’s time to urge our legislators to support the Immigrant Trust Act, ensuring that New Jersey becomes a place where every individual—regardless of immigration status—can seek safety and opportunity without fear.