
DOJ Sues New Jersey, Governor Sherrill Over Executive Order Restricting ICE Operations on State Property
The U.S. Department of Justice has sued the state of New Jersey and Governor Mikie Sherrill, challenging a newly signed executive order that limits federal immigration enforcement on state property and escalating tensions between the Democratic governor and the Trump administration.
The lawsuit, filed in federal court, targets Executive Order No. 12, which prohibits U.S. Immigration and Customs Enforcement and other federal immigration officials from conducting secure arrests of criminal suspects in nonpublic areas of state property, including state correctional facilities, without a judicial warrant.
Federal officials argue the order unlawfully interferes with immigration enforcement and violates the Constitution’s Supremacy Clause, which establishes that federal law takes precedence over conflicting state policies.
“Federal agents are risking their lives to keep New Jersey citizens safe, and yet New Jersey’s leaders are enacting policies designed to obstruct and endanger law enforcement,” Attorney General Pamela Bondi said in a statement. “States may not deliberately interfere with our efforts to remove illegal aliens and arrest criminals — New Jersey’s sanctuary policies will not stand.”
The Justice Department alleges that New Jersey’s refusal to cooperate with federal immigration authorities has resulted in the release of individuals convicted of crimes including aggravated assault, burglary, drug offenses and human trafficking who otherwise would have been subject to removal proceedings.
Bondi, who was appointed by President Donald Trump, directed the department’s Civil Division earlier this year to identify state and local policies that impede federal immigration enforcement. The lawsuit against New Jersey is part of a broader effort targeting so-called sanctuary jurisdictions, including legal actions filed against officials in New York, Minnesota and Los Angeles.
State officials sharply criticized the lawsuit.
In a statement, Acting New Jersey Attorney General Jennifer Davenport called the case “a pointless legal challenge” and said the state would defend the executive order in court.
“Instead of working with us to promote public safety and protect our state’s residents, the Trump Administration is wasting its resources,” Davenport said. “Under Governor Sherrill’s leadership, New Jersey will continue to ensure the safety of our state’s immigrant communities.”
Speaking to reporters following a snow-related press conference this morning, Sherrill also defended her administration’s position and criticized federal enforcement practices.
“I think what the federal government needs to focus on right now instead of attacking states like New Jersey working to keep people safe is actually training their ICE agents with some modicum of training, like any law enforcement officer in the state of New Jersey would have so that they can operate better and more safely,” the governor said.
Sherrill has said the executive order is intended to promote public safety and build trust between immigrant communities and state authorities by ensuring that federal agents operate with judicial oversight while on state property.
The case sets up a high-profile legal fight over the limits of state authority in the realm of immigration enforcement, an area where courts have historically affirmed broad federal power, but where states have sought to define the scope of their cooperation.