The Senate Judiciary Committee convened in Trenton on Monday for Acting New Jersey Attorney General Jennifer Davenport’s confirmation hearing, a session that quickly centered on the state’s response to Immigration and Customs Enforcement (ICE) activity within New Jersey.
Davenport, nominated by Governor Mikie Sherrill to permanently lead the Attorney General’s Office, faced hours of questioning from lawmakers who focused on accountability, constitutional limits, and how the state would respond if federal agents violated New Jersey law.
- Davenport said New Jersey would prosecute ICE agents if they violate state criminal law, based on independent, fact-driven investigations.
- She declined to back the proposed statewide ban on masked officers (S3112) without first reviewing its scope and constitutionality.
- She defended the Immigrant Trust Directive and said she has no intention of changing it, while supporting a citizen video portal to document ICE activity.
When Federal Agents Break State Law
Republican Senator Jon Bramnick of Union County opened this line of questioning by asking what would happen if an ICE agent hypothetically violated New Jersey criminal law during a federal operation. He referenced ongoing investigations into ICE activity in Minnesota as context for his concerns.
Davenport said there are constitutional limits on law enforcement conduct but made clear that misconduct would not be excused based on the officer’s employer. She said most officers wearing a badge act properly, yet those who do not must still be held accountable whether they are federal, state, or county employees.
She added that any violation of New Jersey law or residents’ rights requires independent investigations driven by facts and legal standards instead of political considerations.
Debate Over A Statewide Mask Ban
Bramnick then pressed Davenport on New Jersey Senate Bill 3112, legislation he sponsored that would prohibit law enforcement — including ICE — from wearing masks or disguises while conducting operations.
He argued that residents should be able to see the face of any officer using force against them.
Davenport declined to support or oppose the bill during the hearing. She said she would need to review its language, determine who it would apply to, and assess its constitutionality before taking a position.
Accusations Of “Secret Police” Tactics
Democratic Senator Raj Mukherji of Hudson County intensified the discussion by accusing ICE of acting like “secret police” and “indiscriminately” targeting both immigrants and U.S. citizens.
He asked whether ICE activity was making New Jersey less safe.
Davenport replied that when government actions create chaos and confusion, people feel less secure. She did not claim ICE had violated specific laws, but framed her answer around public trust and predictability in law enforcement.
Mukherji then questioned her about the Immigrant Trust Directive, a policy Davenport helped develop in 2018 that restricts when local law enforcement can cooperate with federal immigration agents.
Davenport said the directive is functioning as intended and that she has no plan to alter it.
Proposal For A Citizen Video Portal
The hearing next turned to a proposal from Governor Sherrill to create a digital portal where New Jersey residents could upload videos of ICE activity.
Senate Minority Leader Anthony Bucco of Morris County criticized the idea, arguing it could inflame tensions between federal officers and the public instead of promoting accountability.
Davenport defended the concept, saying the portal would not publicly release footage but would allow investigators to collect and review evidence of potential unconstitutional behavior. She said residents are already recording ICE operations, and the portal would simply provide a formal channel for that material.
Clash Over The Role Of Public Video
Democratic Senator Vin Gopal of Monmouth County rejected Bucco’s concerns, saying public documentation has become necessary in the current climate.
He cited the fatal shooting of Alex Pretti by immigration agents in Minneapolis as an example of why video evidence matters in scrutinizing law enforcement conduct.
The Jersey City Incident And Sherrill’s Response
These exchanges occurred after a viral confrontation in Jersey City in which an ICE agent told a local councilman, during an operation that detained at least two employees of Hoboken businesses, that agents did not need a warrant.
Governor Sherrill responded on X by telling the agent that New Jersey still follows the Constitution.
We still follow the Constitution here in New Jersey, bro. Get that into your head. https://t.co/rrvjUP3m4a
— Governor Mikie Sherrill (@GovSherrillNJ) February 2, 2026
After several hours of testimony, the Senate Judiciary Committee unanimously advanced Davenport’s nomination.
She now requires confirmation from the full New Jersey Senate before becoming the permanent Attorney General.
