SENATE, No. 3007

STATE OF NEW JERSEY

217th LEGISLATURE

INTRODUCED FEBRUARY 6, 2017

 


 

Sponsored by:

Senator  BRIAN P. STACK

District 33 (Hudson)

Senator  SANDRA B. CUNNINGHAM

District 31 (Hudson)

Senator  M. TERESA RUIZ

District 29 (Essex)

 

Co-Sponsored by:

Senator Pou

 

 

 

 

SYNOPSIS

     Establishes program to reimburse local governments for federal grant funds lost due to “sanctuary jurisdiction” status.

 

CURRENT VERSION OF TEXT

     As introduced.

 


An Act concerning a grant program for certain local government entities and supplementing Title 52 of the Revised Statutes.

 

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

 

     1.  The Legislature finds and declares:

     a.     The United States is an historic place of refuge for immigrants from across the globe.

     b.    New Jersey is home to Ellis Island, the “Gateway to America,” and the State has played a pivotal role in welcoming immigrants to this nation.

     c.     New Jersey is one of the most diverse states in the nation, and its communities and history have unquestionably been enriched and strengthened by welcoming and encouraging this diversity.

     d.    Regardless of citizenship status or nation of origin, nurturing an environment of inclusiveness, which protects the values of democracy and freedom and respects the human dignity of all residents, is of vital concern to New Jersey.

     e.     Immigration law and its enforcement are under the authority of federal law, and the Tenth Amendment of the United States Constitution prevents the federal government from requiring state or local agencies to implement federal law or regulations.     

 

     2.    a.  The Commissioner of Community Affairs shall establish a program to provide grant funding to a county or municipality that has had its federal grant funding denied or reduced based upon its status as a sanctuary jurisdiction. Under the program, a sanctuary jurisdiction shall be permitted to apply to the commissioner for moneys to supplement the deficit created by the loss of federal grant funding. If the commissioner determines that the county or municipality has been denied federal grant funding solely because of its status as a sanctuary jurisdiction, the commissioner shall approve payment to the county or municipality in a manner consistent with the rules and regulations adopted pursuant to this section. Any payments made by the State pursuant to the program shall be appropriated from the General Fund.

     b. The commissioner shall promulgate regulations necessary to effectuate the purposes of P.L.    , c.   (C.     ) (pending before the Legislature as this bill) in accordance with the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.).

     c. For the purposes of this section, “sanctuary jurisdiction” means a municipality or county that has been so designated by the United States Secretary of Homeland Security.

 

     3.    This act shall take effect on the first day of the fourth month next following the date of enactment, except the Commissioner of Community Affairs may take an anticipatory action in advance as shall be necessary for the implementation of this act.

 

 

STATEMENT

 

     This bill requires the Commissioner of Community Affairs to establish a program to provide grant funding to a county or municipality that has had its federal grant funding denied or reduced based upon its status as a sanctuary jurisdiction.

     Sanctuary jurisdictions are generally understood to be those State and local jurisdictions that do not use local resources to enforce federal immigration laws. The bill defines a “sanctuary jurisdiction” as one which has been so designated by the United States Secretary of Homeland Security.

     Under the program established by the bill, a sanctuary jurisdiction shall be permitted to apply to the commissioner for State appropriated moneys to match the deficit created by the loss of federal grant funding. The bill provides that any payments made by the State pursuant to the program shall be appropriated from the General Fund.

     It is critical for the State to support its local government entities in this manner. New Jersey is home to Ellis Island, the “Gateway to America,” and has played a pivotal role in welcoming immigrants to this nation. The State is one of the most diverse in the nation, and its communities and history have unquestionably been enriched and strengthened by welcoming and encouraging this diversity. Regardless of citizenship status or nation of origin, nurturing an environment of inclusiveness, which protects the values of democracy and freedom and respects the human dignity of all residents of the State, is of vital concern to New Jersey.