New York state climate action council

Summary — A5104 (Print 5104A)

Note on metadata: the provided bill header lists the title "New York state climate action council," but the bill text and statutory references concern New Jersey law and set rules regarding cooperation between law enforcement and federal immigration authorities. This summary reflects the substantive text provided (cooperation with federal immigration authorities).

Main purpose

Require New Jersey law enforcement agencies and educational institutions that appoint police officers to adopt policies of cooperation with federal immigration authorities, and provide state defense and indemnification for officers who act in accordance with those policies (with specified exceptions).

Key provisions

• Requirement to adopt cooperation policy

  • Every interstate, State, county, county park, and municipal police department/force that employs law enforcement officers, and every educational institution that appoints police officers under P.L.1970, c.211 (C.18A:6-4.2 et seq.), must adopt a policy of cooperation with requests from federal immigration authorities.
  • The bill does not define the specific elements of a “policy of cooperation” in the provided text.

• Defense and indemnification

  • Subject to approval by the Attorney General, the State must defend a law enforcement officer in civil actions alleging liability for acts, errors, or omissions that occurred while cooperating with federal immigration authorities.
  • The State must indemnify and hold harmless an officer for settlements or judgments arising from such acts, errors, or omissions.
  • Defense and indemnification do not apply where the act, error, or omission resulted from intentional, willful, and wanton misconduct by the officer.

• Definitions

  • “Law enforcement officer” is defined as a person whose public duties include the power to detect, apprehend, arrest, and convict offenders against New Jersey law, including officers appointed under P.L.1970, c.211.

• Effective date

  • The act takes effect on the first day of the fourth month following enactment.

Who is affected

• Directly: interstate, State, county, county park, and municipal police departments; educational institutions that appoint police under P.L.1970, c.211; individual law enforcement officers.
• Indirectly: immigrant communities and others subject to federal immigration enforcement; the State (which may assume defense and indemnity costs); local governments (which must develop/adopt policies).

Procedural status and sponsors

• Introduced: December 12, 2024 (Assembly)
• Committee referrals: Assembly Public Safety and Preparedness; later referred to Environmental Conservation; print number A5104A issued March 12, 2025.
• Sponsor: Assemblymember Khaleel Anderson
• Related: A10681 (prior session); S4198 (companion)

Potential implications and open questions

• Fiscal: state exposure to defense and indemnity costs for settlements/judgments tied to officer cooperation (subject to AG approval and exclusions).
• Operational: local agencies must draft and adopt cooperation policies; the bill does not specify required policy content or oversight mechanisms.
• Legal/social: may affect local control of policing practices and relationships between police and immigrant communities; liability protections hinge on AG approval and exceptions for serious misconduct.

This summary is based on the text provided. If you want, I can draft a short briefing that compares this bill to S4198 or to prior-session A10681.