New Jersey State Immigration Laws

Immigration laws are primarily enforced by federal agencies. But states have their own rules that affect the daily life of immigrants and the services they can access. These rules and regulations vary by state. States also have a significant say in how they enforce immigration laws.

This article outlines immigration laws in New Jersey. Find information on:

• Law enforcement and immigration in New Jersey
• New Jersey employment check and E-Verify requirements
• Driver’s license and ID requirements
• Public benefit restrictions
• Educational benefits
• Housing ordinance and immigration
• How an immigration lawyer can help

Immigration rules continue to evolve. Anyone facing an immigration issue in New Jersey should speak with a local immigration attorney for up‑to‑date guidance.

Law Enforcement and Immigration in New Jersey

The federal government enforces immigration laws. A federal program once required that all arrestees’ names be entered into 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. 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 in this database can be shared with federal immigration authorities, including:

• U.S. Immigration and Customs Enforcement (ICE)
• The Federal Bureau of Investigation (FBI)
• The Department of Homeland Security (DHS

Specifically, ICE may obtain information from the database pertaining to individuals in the U.S. who are violating immigration laws.

This program can have negative consequences for immigrant rights. It’s important to know 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 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

New Jersey requires federal employees or contractors to undergo an E-Verify check. E-Verify is a federal system that allows employers to verify an applicant or employee’s authorization to work in the U.S.

Under other circumstances, it is optional for employers to use the system.

Driver’s License and ID Requirements

To get a driver’s license in New Jersey, applicants must present proof of:

• Social Security number or ITIN
• NJ residency
• Identity and date of birth

The New Jersey Motor Vehicles Commission provides a full list of acceptable documents.

Public Benefits Restrictions

Under federal law, immigrants without legal status 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

New Jersey does not require voters to present ID to vote. To register to vote, you must submit proof of your date of birth. You also must have a valid state driver’s license or ID card, or a Social Security number.

Housing Ordinances and Immigration

Landlords are not required to run immigration checks on people seeking housing on their properties. All property owners and landlords must adhere to federal fair housing laws, which prohibit discrimination based on religion, race, national origin, ancestry, or other protected characteristics.

Get Legal Help With Your Immigration Issue

Navigating an immigration-related problem on your own is very difficult and stressful. Understanding federal and state laws can be overwhelming, and it is natural to feel frustrated and lost in the process. Fortunately, legal help is available for immigration issues.

An experienced attorney can provide advocacy services and guide you through any immigration process, including:

• Facilitating communications with U.S. Citizenship and Immigration Services (USCIS)
• Applying for a green card or lawful permanent resident status
• Facing a possible deportation or removal
• Advocating for a family member who has been detained
• Obtaining various types of visas
• Pursuing naturalization

FindLaw’s directory of immigration attorneys can get you started. Because state immigration laws are relevant, your attorney should be licensed in New Jersey. Enter your city or ZIP code— whether in Newark or anywhere statewide—for a list of qualified legal professionals in your area. Your search results will also show important details about prospective lawyers, including whether they offer free consultations and whether they speak Spanish or other languages.

If you cannot afford an attorney, some immigration lawyers work pro bono. Working pro bono means they give you legal representation free of charge. Contact Legal Services of New Jersey to see if you  may be eligible for free legal help.

Don’t be afraid to talk to an immigration lawyer—attorney-client privilege prohibits them from sharing information about your immigration status. Their role is to help you, not act as an enforcement agent.