NEWARK, NJ [11.22.2024] - New Jersey is bracing for a rapid expansion of private immigration detention. A recent U.S. Securities and Exchange Commission (SEC) Form 8-K filing [1] by the GEO Group, Inc. (GEO) on November 13, 2024, revealed that GEO is “currently responding to a procurement” of a 15-year contract with Immigration and Customs Enforcement (ICE) to be awarded by the end of December 2024 in Newark. Previously, the facility had capacity for up to 1,200 beds, though filings show they are anticipating a minimum of 600 beds to start. 

Earlier today, the American Civil Liberties Union (ACLU) uncovered additional, significant details [2] about ICE’s plans to expand immigrant detention at other facilities in New Jersey. Documents reveal proposals for new detention sites in Trenton and expansion of the Elizabeth Detention Center (EDC), currently the state’s only operational immigration jail. These plans raise grave concerns that New Jersey may become ground zero for the incoming Trump Administration’s mass deportation and detention agenda across the Northeast, affecting nearby communities in New York City and Philadelphia.

“The United States now finds itself in perilous flirtation with a new mindset completely contrary to our national psyche of welcoming inclusion, and the values engraved at the base of the Statue of Liberty,” said Newark Mayor Ras J. Baraka. “Perhaps fittingly, the state that sits at her feet has become ground zero for the battle of liberty for the thousands of immigrants who have fought their way to our land in pursuit of justice and peace. Since the first Trump presidency, New Jersey has forged forward to establish a safety net for those seeking asylum and safe harbor, and we will stay the course to protect the most vulnerable among us at any – and every – cost.”

This news follows ongoing legal battles over New Jersey’s law, AB5207, which banned both public and private immigrant detention centers in the state. Oral arguments for the appeal will not be scheduled until 2025, meaning Delaney Hall could operate for the full 15-year contract term, regardless of the judicial panel’s decision.

Earlier this fall, the legislature introduced bill S3672/A4987, to provide sweeping privacy protections for New Jersey immigrants so that sensitive information does not fall into the hands of immigration officials without a warrant from a federal Article III judge or magistrate judge, or the state equivalent. By prohibiting the voluntary disclosure of private information to federal authorities, the State would be able to buffer the ways in which families and communities may come under attack in the years ahead.

Over 40% of New Jersey children under the age of 25 live in immigrant households. The state is home to many mixed-status families – including over 40,000 U.S. citizens with an undocumented immigrant spouse & over 196,000 U.S. citizen children with at least one undocumented family member. 

Former acting ICE Director Thomas Homan has been tapped by President Trump to serve as a “border czar.” When asked by CBS News 60 minutes whether there is a way to carry out mass deportations without separating families, Homan replied:

“Of course there is. Families can be deported together.”

Homan’s appointment is unlikely to require Senate confirmation and his purview will include overseeing the borders with Mexico and Canada, as well as the U.S. coastline and airspace. Due to our coastline and international airport, the entire state of New Jersey falls under the 100-mile border zone, [3] [4] a zone within which certain constitutional rights can be suspended, and where ICE and CBP can conduct warrantless immigration checks on public transportation and vehicles. 

New Jersey Alliance for Immigrant Justice continues to call for the swift passage of the Immigrant Trust Act and for the State to build on existing programs like the Deportation and Detention Defense Initiative to prepare for the severe threats to come. States like California have been called into special session to pass legislation that safeguards the state from incoming attacks, while leaders like Governor Hochul of New York also stated that she was:

“committ[ed] to safeguarding the rights, freedoms and values we hold dear – no matter what lies ahead.” In a post-election speech, Governor Hochul said she will focus on key areas likely to face threats from the Trump administration – including immigration – and will do “whatever we have to do to identify any possible threats to these rights and protections for New Yorkers – including legislation.”

Across New Jersey, 2025 candidates and the Governor himself have recognized the urgency to prepare the state from what’s to come. New Jersey 2025 candidates for Governor have also endorsed the Immigrant Trust Act, with former State Senate President Steve Sweeney, Mayor Ras Baraka, Mayor Steven Fulop, and Mayor and NJEA President Sean Spiller agreeing on the need for the bill to become law at a recent candidate roundtable hosted by NJ Spotlight News. [5] When asked, Mayor Spiller said,

“We have to make sure that none of our resources support any of the actions [Trump] is going to take. We will take every dime that we’ve got to support what our residents need in this state — tackling affordability, housing, healthcare.”

At the same roundtable, former State Senate President Steve Sweeney said,

“I’m not for mass deportation of people. Think about a family that might have been here for twenty years. Now they’ve got to fear? They’re part of the community, they’re working, now they’ve got to be afraid that they’re going to come get them and take them away? This is their country.”

In a post-election press conference in Newark, [6] Governor Murphy said that while the scope of the State’s answer for responding to mass deportation was not yet, “crisp,” but that,

“We will be very aggressive, both with bull horn, with legal action, with any other action we deem to be necessary […] We’re willing to try anything, if it’s contrary to our values.”

In closing remarks, the Governor left no question about his willingness to defend the state – a posture that NJAIJ urges the legislature to follow:

“I’ll conclude again with this: If it’s contrary to our values, we will fight to the death.”

New Jersey Alliance for Immigrant Justice reminds our communities that existing Biden Administration policies and protections are still in place, and the severity and sequencing of proposals for mass deportation and detention will remain unknown until the Trump Administration takes office January 20th. Families still have important rights and protections right now. Multi-lingual legal services directories and Know Your Rights materials can be found at: https://www.njimmigrantjustice.org/community_resources 

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[1] GEO Group, Inc. (GEO) Form 8-K 

[2] ACLU FOIA Litigation Reveals New Information Regarding ICE's Plans to Expand Immigration Detention

[3] ACLU Know Your Rights Within the 100 Mile Border Zone

[4] Southern Border Communities Coalition What Is The 100 Mile Border Enforcement Zone

[5] NJ Spotlight News: 2025 Governor Candidate Roundtable, League of Municipalities

[6] Office of Governor Murphy Press Conference on 2024 Election Results on November 6, 2024