The release of a criminal illegal alien to home confinement by a retired, but recalled New Jersey judge could have been prevented,and two lives could have been saved if Democrats did not block a bill in Trenton to keep criminal aliens incarcerated until trial or apprehension by ICE.
Trenton, NJ – Republican lawmakers in New Jersey have introduced legislation that would have barred the release of undocumented immigrants from jail unless they are transferred directly into federal immigration custody.
The bill, introduced in January, could have prevented the death of a Lakewood, New Jersey, mother and child killed by an illegal alien repeat offender with two prior DWIs and an arrest for domestic violence in Red Bank.
The bill has been blocked from advancing in Trenton by Democrats and is receiving renewed attention following the controversial case of Raul Luna Perez, who was released multiple times despite prior arrests before allegedly killing a Lakewood couple in a DWI crash.
Senate Bill 1326, sponsored by Senators Michael Testa and Douglas Steinhardt, seeks to mandate correctional officials to verify the citizenship and legal status of all inmates and to deny release to any noncitizen unless they are handed over to U.S. immigration authorities. The bill also proposes civil penalties for jail officials who violate the policy.
Perez, a Mexican national, was released on pretrial conditions four separate times by New Jersey judges after three DWI arrests and a domestic violence charge. His final release occurred just days before he struck and killed a Lakewood mother and her 11-year-old daughter while driving under the influence. Following the crash, he was released by New Jersey Superior Court Judge Wendell Daniels, who was appointed by former Governor Christie Todd Whitmann and re-appointed by former Governor Jon Corzine.
Daniels retired from the bench but was recalled by New Jersey Governor Phil Murphy’s administration in 2024 to serve two additional years as a judge.
Federal immigration officials detained Perez before he could return home.
The legislation comes amid growing GOP criticism of Governor Phil Murphy’s judicial appointees, who they accuse of enabling the release of individuals with serious criminal records.
Under the proposed bill, correctional officials would be required to determine an inmate’s citizenship status and lawful presence using documentary evidence. If officials are unable to confirm lawful presence after a reasonable effort, the inmate would be presumed to be unlawfully present and held until federal authorities assume custody.
Ocean County Prosecutor Bradley Billhimer, appointed by Governor Phil Murphy, adheres to the state’s immigrant trust directive set by former Attorney General Gurbir Grewal and enforced strictly by Attorney General Matt Platkin. Billhimer, a criminal defense attorney prior to becoming prosecutor routinely shields the immigration status of violent criminal offenders under the Immigrant Trust Directive.
Billhimer’s office denies the release of inmate citizenship status from media requests for suspects charged with violent and dangerous crimes. Although Ocean County Commissioners have claimed multiple times that they work with ICE, the reality on the ground is that criminal illegal aliens are frequently released from the Ocean County Jail without ICE involvement.
The bill would apply to all state prisons, county jails, and youth detention centers. It explicitly prohibits the release of any undocumented or unlawfully present inmate back into the general population and authorizes the Commissioner of Corrections to establish a schedule of civil penalties for non-compliance.
The bill does not apply retroactively to releases that occurred prior to its effective date, which is set for four months after enactment.
Republicans argue that S1326 is a necessary public safety measure, citing the Perez case as an example of systemic failure to prioritize community protection. The bill is likely to face opposition from Democratic lawmakers and civil liberties groups, who have historically pushed back on measures linking local detention to federal immigration enforcement.
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Key Points
- Bill S1326 would prohibit release of undocumented inmates without ICE transfer and impose civil penalties for violations
- Case of Raul Luna Perez, released four times before fatal DWI crash, cited as driving force behind the bill
- Legislation targets correctional facility policies and judicial discretion in pretrial release decisions
After a fatal crash by a released repeat offender, GOP lawmakers want to ensure undocumented inmates never walk free without federal oversight.