TRENTON, N.J. — A bill introduced in the New Jersey Assembly aims to establish a dedicated immigration unit within the Office of the Public Defender (OPD) to provide legal representation and assistance to noncitizens involved in the state’s criminal, juvenile, and mental health systems.
The legislation, sponsored by Assemblywoman Annette Quijano of Union County, would create a specialized unit tasked with advising noncitizen defendants on immigration-related matters, particularly the potential immigration consequences of criminal convictions. This measure would expand support for individuals navigating overlapping criminal justice and immigration systems.
The bill responds to the 2010 U.S. Supreme Court decision in Padilla v. Kentucky, which requires defense attorneys to inform clients of the immigration risks associated with guilty pleas or convictions. According to the OPD, the current system in New Jersey provides only two immigration attorneys to support public defenders, leaving one attorney for every 600 noncitizen criminal defendants.
“Noncitizen youth involved in juvenile delinquency or the child welfare system face unique challenges,” the bill states, noting that a specialized immigration unit would offer a more holistic legal approach by addressing both legal and immigration issues concurrently.
If passed, the legislation would take effect immediately, ensuring indigent noncitizens in New Jersey have access to comprehensive legal counsel.
The bill highlights growing concerns over the intersection of immigration and criminal law, proposing an approach that balances legal defense with immigration advocacy.
