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On July 2, 2025, the Administrative Office of the Courts issued a Fifth Supplement to Directive #01‑18 revising Question 17 (Immigration consequences) of the New Jersey Judiciary Plea Form to “ensure better compliance with current immigration law and enhance clarity for defendants.” https://www.njcourts.gov/sites/default/files/notices/2025/07/n250103c.pdf?cb=615dfba1
The wording in the revised form was updated to conform more precisely with Padilla v. Kentucky, 559 U.S. 356 (2010) (Sixth Amendment requires defense counsel to provide affirmative, competent advice to a noncitizen defendant regarding the immigration consequences of a guilty plea) and State v. Nunez-Valdez, 200 N.J. 129, 131 (2009) (defense counsel did not provide effective assistance to the defendant in failing to inform him that under federal law his conviction would mandate deportation). The language in the form question was also simplified to ensure that noncitizens fully understand the consequences on their immigration status of pleading guilty.
As revised, Question 17 on the New Jersey Plea Form now provides that:
17. If you are not a citizen of the United States, this guilty plea may have serious immigration consequences. Please answer the following questions regardless of your immigration status.
a. If you are not a citizen of the United States, pleading guilty to this offense could result in your removal or deportation from the United States, denial of naturalization, denial of re-entry, or exclusion from admission – now or in the future – even if you are lawfully present or have lived in the United States for many years. Do you understand that?
b. Do you understand that you have the right to seek advice from an attorney whether and how your citizenship or immigration status could be affected by your plea, conviction, or sentence?
c. Have you discussed with your attorney the potential immigration consequences of your plea? If yes, proceed to question 17(e). If no, proceed to question 17(d).
d. Would you like the opportunity to do so?
e. Having been advised of any possible immigration consequences of a guilty plea, and your right to get legal advice about those consequences, do you still want to plead guilty?
Criminal law is complicated and constantly changing. If you are facing criminal charges, you should immediately contact our team of experienced former prosecutors to schedule a free case review with one of our expert criminal defense attorneys. A complete understanding of criminal law by your attorney is crucial to your defense. Your rights and freedoms are in jeopardy, and you owe it to yourself to act. We are available to provide immediate assistance and further counsel on your case at 862-315-7929.
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