As required by the Safe Communities Act (P.L.2025, c.401), the Office of the Attorney General (OAG) has published model policies for sensitive locations, including PK-12 public schools, to “prepare for and respond if federal immigration officers seek to enter nonpublic areas of these locations.”
Signed into law January 20, 2026, the Safe Communities Act required the Attorney General to “develop model policies to ensure personal freedom in sensitive locations,” including public schools. In establishing these requirements, the New Jersey legislature stated that “it is fitting and proper to direct State, county, and municipal entities to attend to local priorities rather than carrying out federal civil law enforcement initiatives for which they lack the request experience and that contravenes the priories of freedom and safety for New Jersey residents.”
Notably, under the Act, by December 14, 2026, the New Jersey Department of Education (NJDOE) must adopt OAG’s model policy or a policy that provides “greater protections.” The NJDOE must also require public schools, and request private schools, to adhere to the policy that NJDOE adopts or a policy that provides “greater protections.”
The NJSBA is reviewing the OAG’s model policy for PK-12 schools and will provide additional information as it becomes available. Please also see:
- OAG’s June 17, 2026 press release Attorney General Davenport Publishes Model Policies to Protect Access to Essential Services as Federal Government Continues to Target New Jersey’s Immigrant Communities
- OAG’s Safe Communities Act webpage
As always, boards of education and charter school boards of trustees should consult with their attorneys for specific legal advice and guidance on how to navigate these issues both prior to adoption of a model policy by the NJDOE, and after.
