New Jersey’s immigration laws give residents a set of protections and services that apply regardless of status: local police are barred from acting as immigration agents, all residents can apply for a driver’s license, undocumented workers keep the same wage and safety rights as anyone else, professional licenses cannot be denied on immigration grounds, children qualify for state health coverage, and the state pays for legal defense in deportation cases. Here is what each of those pieces looks like in practice, and how to use them.
Police, Jails, and ICE
Attorney General Law Enforcement Directive No. 2018-6, known as the Immigrant Trust Directive, governs how every state, county, and local officer in New Jersey interacts with federal immigration authorities. It reaches police, correctional officers in state prisons and county jails, and state and county prosecutors.1State of New Jersey Office of the Attorney General. Immigrant Trust Directive Summary
Officers cannot stop, question, arrest, search, or detain anyone based solely on actual or suspected immigration status. They cannot participate in federal civil immigration enforcement operations, and they cannot give ICE access to state or local equipment, office space, or databases.2New Jersey Office of the Attorney General. Attorney General Law Enforcement Directive No. 2018-6
Jails carry a related restriction. Correctional officers cannot hold someone past their scheduled release date just because ICE has filed a detainer. ICE detainers and administrative warrants are issued by immigration officers, not judges, and they do not carry the legal weight of a judicial warrant. If federal agents want access to someone in custody, they need an arrest warrant signed by a federal or state judge.2New Jersey Office of the Attorney General. Attorney General Law Enforcement Directive No. 2018-6 The Attorney General’s office published revised guidance materials in February 2025 and continues to enforce the directive.3New Jersey Office of Attorney General. Immigrant Trust Directive
Driver’s Licenses for All Residents
Under P.L.2019, c.271, any New Jersey resident can apply for a standard driver’s license regardless of immigration status.4New Jersey Motor Vehicle Commission. Standard License Rulemaking – R.2021 d.014 The Motor Vehicle Commission uses a 6-point identity verification system. Acceptable documents include a foreign passport, a consular identification card, an original birth certificate from any country, or a foreign photo driver’s license paired with a second government-issued document. Applicants without a Social Security number can present an Individual Taxpayer Identification Number or sign an affidavit stating they are ineligible for one.5New Jersey Motor Vehicle Commission. New Jersey Standard License and Non-Driver ID Requirements
You also need proof of New Jersey residency, such as utility bills or bank statements with a residential address. The examination permit costs $10 and the license itself costs $24 for both initial issuance and renewal.6New Jersey Motor Vehicle Commission. License and Permit Fees
One boundary to keep in mind: a standard license is valid for driving and general identification, but it is not a REAL ID. As of May 7, 2025, boarding a domestic flight or entering certain federal facilities requires either a REAL ID or a valid passport.7New Jersey Motor Vehicle Commission. REAL ID NJ
The MVC operates under the federal Driver Privacy Protection Act, which limits how personal information from license records is shared. Without the applicant’s written consent, a proper written request, or a court order, the MVC will not release information, and the disclosure that is allowed is limited to matters related to motor vehicle services and driver histories.8New Jersey Motor Vehicle Commission. Driver Privacy Protection Act
Rights at Work
The New Jersey Department of Labor and Workforce Development serves every worker regardless of immigration or citizenship status and does not ask about status when processing complaints.9New Jersey Department of Labor and Workforce Development. Protecting the Rights of Immigrant Workers in NJ Every worker in the state is entitled to at least the state minimum wage for all hours worked, overtime pay, and up to 40 hours of paid sick time per year.
Retaliation is prohibited. An employer cannot fire, demote, cut hours, or otherwise punish a worker for reporting a violation, and the law goes further for immigrant workers: an employer cannot disclose or threaten to disclose a worker’s immigration status in retaliation for a complaint. That kind of threat triggers increased penalties.9New Jersey Department of Labor and Workforce Development. Protecting the Rights of Immigrant Workers in NJ
Wage complaints go on form MW-31A, which is available in English and Spanish. They can be filed anonymously, though contact information makes it easier to submit evidence and track a case. Privacy rules strengthened in 2020 protect personally identifiable information in the complaint file; the Department will not release it to an employer or under a public records request.10New Jersey Department of Labor and Workforce Development. File a Wage Complaint
Workers’ compensation covers undocumented workers too. New Jersey courts have held that unless the legislature explicitly excludes undocumented workers from the system, the public policy behind workers’ compensation favors covering all injured workers. Eligible workers can receive temporary disability benefits, medical treatment for work-related injuries, and compensation based on a percentage of their average weekly wages.
Professional and Occupational Licenses
N.J.S.A. 45:1-7.8 bars any professional or occupational licensing board in New Jersey from requiring lawful immigration status as a condition of licensure. If the applicant meets every other requirement, immigration status alone cannot be the basis for denial.11FindLaw. New Jersey Statutes Title 45 – Professions and Occupations 45 1-7.8 The rule covers every field regulated by the Division of Consumer Affairs, including nursing, accounting, cosmetology, and dozens of other professions. Applicants submit transcripts, pass required examinations, and document any clinical or technical hours the board requires. Those without a Social Security number can use an ITIN on the application.
Health Care
Children under 19 can enroll in NJ FamilyCare regardless of immigration status if their family income falls within program guidelines, which extend up to 355 percent of the federal poverty level. This expansion took effect January 1, 2023. All other standard eligibility requirements still apply, and the program’s rules are scheduled to change in Fall 2026, though the updated requirements have not yet been published.12NJ FamilyCare. Welcome to NJ FamilyCare
Adults who are uninsured or underinsured, regardless of immigration status, can seek reduced-cost hospital care through New Jersey’s Hospital Care Payment Assistance Program, known as Charity Care. Eligibility is determined at the hospital where care is provided. The sliding scale is tied to the federal poverty level (FPL):
- At or below 200% of FPL: patient pays nothing.
- 201% to 225%: patient pays 20% of the charge.
- 226% to 250%: patient pays 40%.
- 251% to 275%: patient pays 60%.
- 276% to 300%: patient pays 80%.
Patients on the sliding scale whose out-of-pocket medical expenses exceed 30 percent of their gross annual income can qualify for additional assistance on the amount above that threshold.13New Jersey Department of Health. New Jersey Hospital Care Payment Assistance Fact Sheet
Free Deportation Defense
The state funds free legal representation for residents facing deportation through the Detention and Deportation Defense Initiative. Partner organizations include Legal Services of New Jersey, the American Friends Service Committee, Rutgers Law School, and Seton Hall Law School.14State of New Jersey. Detention and Deportation Defense Initiative The state allocated $8.2 million to the initiative for fiscal year 2025–2026.
The program serves income-eligible New Jersey residents who are at risk of deportation or already in removal proceedings and do not have their own attorney. Residents apply through intake forms at one of the partnering organizations, which evaluate financial eligibility and the specifics of the case. Law school clinics handle real case work, from initial interviews and country-conditions research to immigration hearings and federal appellate briefs.14State of New Jersey. Detention and Deportation Defense Initiative
In-State Tuition and Financial Aid
New Jersey’s tuition equity law, P.L.2013, c.170, lets undocumented students pay in-state tuition at public colleges and universities. P.L.2018, c.12, codified at N.J.S.A. 18A:71B-2.1, extended eligibility to state-funded financial aid administered by the Higher Education Student Assistance Authority, including the Tuition Aid Grant.15Justia. New Jersey Code 18A 71B-2.1 – Eligibility for State Student Financial Assistance Programs
A student must meet three requirements to qualify for either in-state tuition or state financial aid:
- Attended a New Jersey high school for at least three years.
- Received a diploma from a New Jersey high school, or a high school equivalency diploma (such as a GED) issued by the New Jersey Department of Education.
- Signed an affidavit stating that the student has applied to legalize their immigration status, or will do so as soon as they become eligible.
Students who cannot file the federal FAFSA apply through the New Jersey Alternative Financial Aid Application, a confidential form administered by HESAA. It collects family income and tax return information to determine financial need. Students without a Social Security number or ITIN are assigned a HESAA Grants ID so they can still participate. The information submitted is protected by federal privacy regulations and is used only by HESAA, partner colleges, and state agencies to administer grants and scholarships.16HESAA. New Jersey Alternative Application The statute also prohibits HESAA from requesting information about a student’s or parent’s citizenship or immigration status beyond what is needed to process the application.15Justia. New Jersey Code 18A 71B-2.1 – Eligibility for State Student Financial Assistance Programs
Discrimination and Harassment
The New Jersey Law Against Discrimination protects all residents from discrimination based on national origin, nationality, or ancestry in employment, housing, and public accommodations. The Division on Civil Rights, which enforces the law, has stated that it protects residents regardless of immigration status.17New Jersey Office of Attorney General. Discrimination in Employment Complaints must be filed with the Division within 180 days of the incident through the state’s online filing system.
These protections stack. A worker fired for reporting unpaid wages has a wage-theft retaliation claim. A worker fired because of national origin has a Law Against Discrimination claim. An employer who threatens to report a worker’s immigration status to cover up either violation faces escalated penalties. Each claim can be pursued separately.