Assemblywoman Katie Brennan (D-Jersey City) reintroduced legislation that would strengthen New Jerseyans’ ability to sue immigration officials for unconstitutional policing — but this time, she’s dropped the acronym that brought the bill national fame.
The bill, A5120, seeks to penalize many of the controversial methods used by immigration enforcement agents. The new bill is similar to prior legislation, but Brennan said she opted to rewrite portions of it alongside civil rights attorneys to buttress its legal strength.
The legislation would direct a court or jury, when determining punitive damages, to take into account whether offending officers wore face coverings, failed to identify themselves, failed to use a body-worn camera, and more. Democrats across the country have accused immigration officials of conducting unconstitutionally aggressive operations under President Donald Trump.
“We were working with civil rights attorneys on amendments and ended up writing a totally new bill that’s much stronger than the original,” Brennan told the New Jersey Globe in a statement. “This amends the state’s Civil Rights Act to protect against the types of unconstitutional tactics we’re seeing from ICE agents, so it gives the law more teeth and should hold up in court.”
The previous bill garnered national attention, but only partly for its contents. Democrats and Republicans alike grasped onto its title: the “Fight Unlawful Conduct and Keep Individuals and Communities Empowered Act.” The acronym — “F*CK ICE” — excited Democrats who want a full-throated response to Trump and Immigration and Customs Enforcement, but it miffed Republicans who considered the title uncouth.
Assemblyman Brian Bergan (R-Denville), in fact, filed an ethics complaint against Brennan over the acronym in March. The conservative Republican called the acronym “vulgar” in the complaint, leading to jabs between him and the progressive Democrat. Bergen told the New Jersey Globe on Tuesday that since the bill and its acronym had been withdrawn, he also withdrew his ethics complaint.
It wasn’t just Republicans — some Democratic legislators privately expressed concerns about the callousness of the acronym.
Brennan said it was in the best interest of the bill — and of the people she hopes it’ll protect — to move forward without the acronym. Brennan officially withdrew the F*CK ICE Act earlier this month.
“These protections are too important to let the bill’s name become a distraction or reason for anyone to vote against it,” Brennan said. “We’re glad the first version got attention, but our primary focus is on getting this passed and signed into law. People are still getting grabbed off the street by masked federal agents, and we need to give them a way to fight back.”
Updated at 3:25 p.m.