A Letter to West Orange Town Council
February 12, 2026

I hadn’t intended to comment again on the Immigrant Trust Act, but I think the Council’s comment on it at the Feb 10 meeting requires emendation. I can’t attend the Feb 24 meeting, so I thought I’d write instead.

The person who spoke just before me during public comments (at about 31:40) asked about the status of a municipal resolution for the Immigrant Trust Act (ITA). The ITA no longer exists in its original form. During the lame duck session of the previous legislature, the ITA was divided into three bills. All three bills passed the legislature, but only one was signed by Governor Murphy; the other two bills were pocket-vetoed. The pocket-vetoed bills are presumptively dead. 

I mean, it sure looks safe in a Wes Craven-esque sort of way

The bill that passed into law is called the Safe Communities Act (A6308/S5036). The law calls on the Attorney General (AG) to develop model policies that guarantee safe access to what it calls “sensitive locations,” which are enumerated in the text of the law. Within 180 days of publication of these policies, these sensitive locations are required to adhere to the AG’s model policies. The sensitive locations include a number of institutions that fall under the jurisdiction of local government, and the AG is described as developing the model policies “in consultation with appropriate government entities and stakeholders.” The latter phrase clearly includes municipal governments.

I would urge the Council to read the text of the law. My own view is that there’s little point in calling for municipal resolutions in favor of the (old) ITA at this point. Our efforts are better spent putting the Safe Communities Act into full effect. As the law makes clear, the AG will be soliciting the input of local governments in developing the model policies. Though direct responsibility for adherence rests with state commissioners (section 4c), municipal governments will have a role to play both at inception and in implementation. 

Irfan Khawaja