New Jersey State Immigration Laws
By Eric Harvey, J.D. | Legally reviewed by Meagan Neil, Esq. | Last reviewed September 01, 2023
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Immigrant communities and noncitizens need to understand their rights. Learn more about immigration rights in New Jersey here.
Welcome to FindLaw's breakdown of immigration laws in New Jersey. Below, you will find information on:
- Law enforcement and immigration in New Jersey
- New Jersey employment check and E-Verify requirements
- Driver's license/ID requirements
- Public benefit restrictions
- Educational benefits
- Housing ordinance and immigration
- Related resources
- Hire an immigration lawyer
Law Enforcement and Immigration in New Jersey
The federal government enforces immigration laws. A federal program once required all arrestees' names to enter a database. This program was "Secure Communities." The database checked immigration statuses. Former President Donald Trump renewed the program by executive order in 2017. But President Joe Biden revoked that executive order in 2021.
In January 2021, President Joe Biden revoked the executive order by which Trump had renewed the program in 2017. The program now in effect is the Criminal Apprehension Program and only applies to those already convicted. That database operates in much the same way as the one from "Secure Communities."
Information could be shared with federal immigration authorities, such as Immigration and Customs Enforcement (ICE). ICE may get information about those in the United States violating immigration laws. This program can have negative consequences for immigrant rights. So, it's important to seek a licensed immigration attorney if you have difficulties in an immigration procedure or ICE. This is not only for deportations.
If you are having difficulties with the immigration process, seek legal assistance from immigration lawyers. If you have legal troubles, it's wise to find an immigration attorney well-versed in criminal law. Be aware of how local law enforcement officers and federal authorities share immigration information.
Employment and Immigration
For more information, refer to the federal employment eligibility verification rules and the requirements for Form I-9. In the state of New Jersey, workers must be authorized to work in the United States. They must have a green card, also known as a lawful permanent resident status.
New Jersey E-Verify Requirements
In the state of New Jersey, only federal employees or contractors must undergo an E-Verify check. Under other circumstances, it is optional for employers to use the system.
Driver's License/ID Requirements
To get a driver's license, applicants must present a valid Social Security number, proof of address, and proof of U.S. citizenship or legal residence.
Public Benefits Restrictions
Under federal law, illegal immigrants may not get most public benefits. But they may receive emergency services. They can also receive health care and other programs deemed "necessary to protect life and safety."
Education Checks
In the state of New Jersey, state schools are not required to run checks on the immigration status of applicants or students.
Voting ID Rules
The state does not have laws related to presentation of identification to prove eligibility to vote.
Housing Ordinances and Immigration
Landlords are not required to run immigration checks on people seeking housing on their properties.
Related Resources
- Know Your Rights — Guide to protecting yourself and your family during immigration raids
- Immigration Court — Home page of the federal immigration court in Newark, New Jersey
You Don't Have to Solve This on Your Own: Get a Lawyer's Help
Meeting with a lawyer can help you understand your options and how to protect your rights best. Visit our attorney directory to get a referral to a lawyer near you.
If you're navigating an immigration-related problem in Newark or anywhere statewide, it's best to secure legal help from immigration attorneys. They can provide advocacy services. They can also guide you through any immigration-related process.
An attorney can help even in the regular communications you may need with U.S. Citizenship and Immigration Services (USCIS). Attorneys can also be especially helpful if you do not speak English, as many immigration attorneys speak Spanish or other languages.
If you cannot afford an attorney, many lawyers work pro bono. Working pro bono means they give you legal representation free of charge. It's important to use the legal services available if you're facing any U.S. immigration-related problem.
Can I Solve This on My Own or Do I Need an Attorney?
- Some people can get a green card or complete immigration forms without hiring legal help
- Complex immigration cases (such as having a criminal history or past immigration violations) may need the support of an attorney
The immigration process can be complicated and slow. An attorney can offer tailored advice and help prevent common mistakes.
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