New Federal Immigration Policies Spark Concern in Some Communities

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Young immigrant rights advocates from AFSC, Red Bank. The organization has been providing legal services, education and advocacy to immigrant communities in Monmouth and Ocean counties. Courtesy AFSC
Young immigrant rights advocates from AFSC, Red Bank. The organization has been providing legal services, education and advocacy to immigrant communities in Monmouth and Ocean counties. Courtesy AFSC

By Sunayana Prabhu

RED BANK – In Monmouth County, officials and local activists are working together to address community concerns over new federal immigration policies that allow U.S. Immigration and Customs Enforcement (ICE) operations in schools, hospitals and places of worship, areas that were previously off limits.

Immigration was at the center of President Donald Trump’s most recent presidential campaign. Within his first week in office, Trump signed multiple immigration-related executive orders, redefining the direction of U.S. immigration policy. He declared a national emergency at the southern border, authorizing the deployment of armed forces; the construction of additional physical barriers to secure the southern border; halting the refugee resettlement program starting Jan. 27; and ending birthright citizenship for children born to undocumented immigrants, among severalothers. A federal judge temporarily blocked the birthright citizenship order, citing the 14th Amendment.

However, state and local officials are especially alarmed by the new policy that allows immigration authorities into schools, hospitals, and places of worship.

On Jan. 21, the Department of Homeland Security’s then-acting director, Benjamine Huffman, announced the new policy that rescinds Biden-era guidelines restricting enforcement action at “protected areas” and permits Customs and Border Protection (CBP) and ICE authorities to enter a location with a warrant. In a statement, a DHS spokesperson said the new policy “empowers” the CBP and ICE to “enforce our immigration laws” and detain those who have entered the country illegally. The statement implied that schools and churches are harboring “criminals.”

In the days after Trump’s inauguration Jan. 20 for a second, nonconsecutive term, a series of ICE raids took place across the country. According to multiple media reports, the Asbury Park Police Department confirmed at least one of these raids was conducted Jan. 29 in Asbury Park and the surrounding area. A recent raid in Newark sparked controversy when a U.S. military veteran was detained despite presenting his military ID. In a press conference following the raid, Newark Mayor Ras Baraka condemned it as an egregious act “in plain violation” of the Fourth Amendment, which protects citizens from unreasonable searches and seizures.

The operations are part of Trump’s efforts to target undocumented immigrants with criminal records, with additional plans to deport millions of other undocumented individuals.

According to 2018 American Community Survey data provided by the state’s Department of Human Services, Monmouth County has an estimated population of 19,452 undocumented individuals.

Julie Flores-Castillo, AFSC intern, speaking about immigration at the Civics 101 Pre-Inauguration Symposium in Asbury Park. Courtesy AFSC

The Effect on Schools

State officials have expressed concerns about the impact of the new federal directives on schools. According to the data published in 2019 by the Migration Policy Institute, among the estimated 440,000 unauthorized individuals in the state, 26,000 are children under 16; 28,000 are between the ages of 3 and 17 and enrolled in schools.

“Every child deserves the right to attend school without fear,” Gov. Phil Murphy wrote on his social media page Jan. 22, announcing updated guidelines adopted by the New Jersey Department of Education (NJDOE) to help school officials safeguard students.

“It is vitally important for school officials” to be aware of the law, the NJDOE advises. In New Jersey, school administrators don’t have to allow authorities access to school grounds unless there is a judicial search or arrest warrant signed by a judge or in cases of emergency. An administrative immigration warrant, like the ICE Warrant for Arrest of Alien (Form I-200), is not enough to grant entry, as it is not signed by a judge. Additionally, schools are not required to provide information about students’ attendance or locations or to make students available without the opportunity to consult with a school administrator and/or the school district’s legal counsel.
The Red Bank Borough School District “remains fully committed to providing a safe, welcoming and inclusive environment for all of our students, regardless of the changing landscape outside our schools,” Red Bank School District superintendent Jared Rumage wrote in a letter Jan. 27 to families, reassuring them amid the “uncertainty” caused by immigration policy changes.

The letter specifies that the school district will follow the guidance of the NJDOE, which requires schools to continue educating all students “regardless of their immigration status. As always, we will continue to abide by federal and state laws regarding student privacy and will not share student records except in very limited, emergent situations.”

Rumage assured the community that the district “does not ask families about their immigration status, and we will not share student records with ICE unless required by law. Any requests for access to students or district facilities by ICE will be handled in accordance with legal requirements, ensuring that the rights and privacy of our students are respected.”

One Town’s Response

Red Bank is one of the most diverse of the Two River-area communities. The borough reiterated its commitment to prioritizing the well-being and safety of all residents. Regarding any potential involvement of ICE, the “borough will rely on the resources and guidance provided by Monmouth County and the State of New Jersey, including the New Jersey Attorney General’s Immigrant Trust Directive, and the New Jersey Alliance for Immigrant Justice (NJAIJ) and through organizations like the Red Bank-based American Friends Service Committee (AFSC). These frameworks help ensure consistency and clarity in handling these sensitive situations,” Mayor Billy Portman confirmed.

Grounding its stance in the state’s Immigrant Trust Directive, borough officials “remain committed to ensuring that all community members feel safe and respected, regardless of their immigration status,” he said.

New Jersey is listed by the Center for Immigration Studies (CIS) as one among several “sanctuary states” in the country. A sanctuary state is commonly described as one offering support to immigrants through official government policies. The state Attorney General’s Immigrant Trust Directive, first issued in 2018, is one such policy that limits the type of voluntary assistance that New Jersey law enforcement officers – state, county, local and Special Law Enforcement Officers – may provide to federal immigration authorities like ICE, ensuring individuals are not detained or arrested based solely on their suspected immigration status.

Organizations Offer Advice

Activists and immigrant rights advocacy groups in the state and county have boosted outreach efforts to prepare communities for possible immigration raids and mass deportation operations.

The National Immigration Law Center (NILC), a group advocating for immigrant rights, has published a guide to help individuals and business owners understand their rights when dealing with immigration enforcement officers.

The NILC guide encourages people to consult an immigration attorney for advice tailored to their situation. It clarifies that anyone – including ICE agents – is allowed to enter public areas of a business without prior consent. However, to access private spaces or make an arrest, officers must present a warrant from a judge naming the individual involved.

The American Civil Liberties Union (ACLU) of New Jersey adds that individuals are not obligated to provide immigration-related documents or disclose their immigration status to ICE agents. If someone is arrested, the ACLU recommends the following steps: Request a lawyer, inform authorities that you intend to remain silent and refrain from making further statements.

Two Monmouth County immigrant and human rights groups – the American Friends Service Committee (AFSC) in Red Bank and Casa Freehold – have been actively offering support and training programs.

“An ICE warrant is not the same as a judicial warrant,” a “Know Your Rights” flyer circulated by Casa advises. The flyer contains information to teach families what to do during an encounter with ICE, such as understanding the difference between administrative and judicial warrants.

As specified by the New Jersey Department of Education and similar organizations, administrative warrants do not grant agents general authority to enter homes or make arrests without further legal procedures (like a judicial warrant or consent). Department of Homeland Security agents typically need a separate judicial warrant for home entry in nonemergency situations.

“We’re very lucky that in Red Bank, we get to provide legal services at no cost to any resident in Monmouth or Ocean county. That’s something we’ve been doing for the last couple of years, and that’s something that we will continue to do,” said Itzel Hernandez, an immigrant rights organizer for the AFSC.

In response to the new rules that allow ICE operations in previously restricted areas, AFSC has launched an ICE activity reporting system to “cut down on the false sightings,” Hernandez said. “Obviously, folks are on edge, and we want to make sure that we don’t spread any more misinformation.”

The activity report allows people to fill out a form and helps the agency verify enforcement actions. “It’s not a rapid response, so it’s not something where we’re dispatching people or anything like that. It’s just purely for the purposes of research and data collection,” Hernandez explained.

In the United States, Hernandez said, “We all have constitutional rights – that hasn’t changed. Just make sure that you combat fear with information and that you combat rhetoric with facts.”

The article originally appeared in the February 6 – 12, 2025 print edition of The Two River Times.