Statement to the Union County Board of County Commissioners
12 Elizabethtown Plaza
Elizabeth, New Jersey
October 23, 2025

Hi, my name is Irfan Khawaja; I live in Princeton. As some of you may remember, I spoke here previously on the matter of the Union County jail. Those of us involved in that effort were pleased to see the Commission conclude this past July that detention-related uses of the jail were “off the table” because they “would not align with Union County’s values.”  

Given the troubling reports we’ve seen nationwide about ICE detaining not only individuals with criminal charges, but also everyday people simply trying to build better lives, we cannot support any outcome that risks putting people in jeopardy.

The Commission’s statement was a welcome first step toward avoiding a negative outcome. I’d now like to invite the Commission to take the next step, one that aims to produce a positive outcome. That is, I’d like to join others here in inviting the Commission to pass a resolution in favor of the Immigrant Trust Act (ITA, S3672/A4987), as has been done in Essex and Hudson Counties, as well as about twenty municipalities across the state, from Paterson to Atlantic City. 

Union County Jail, Elizabeth, New Jersey (photo credit: Irfan Khawaja)

The Immigrant Trust Act is an attempt to give legislative form to the Immigrant Trust Directive (ITD) first crafted by Attorney General Gurbir Grewal back in 2018. The Act forcefully asserts the state’s commitment to Tenth Amendment federalism, insisting that states and localities be freed of the unwanted and unnecessary burden of enforcing federal immigration law. The ITD has successfully withstood several court challenges and is widely considered legally bulletproof. Whatever disagreements there may be about the ITA, we simply must make some version of the ITD law, either as strong as the Directive or stronger, before it’s unilaterally repealed, as is in danger of happening. The ITA is our best and only bet.

I understand that county commissions have no direct role to play in the passage of state-level legislation, but they can influence legislation by indicating the degree of support for it. New Jersey’s plastic bag ban passed largely through the pressure exerted by municipal resolutions. The US Constitution was itself passed after ratification by small state conventions. The underlying principle in all of these cases is that sovereignty rests with the people, and can legitimately be expressed at the level closest to them.

We’re running out of time. We may fail. But we will never forgive ourselves for doing less than was in our power.  Please act before time runs out.