The Justice Department on Monday filed a lawsuit against New Jersey and Democrat Gov. Mikie Sherrill, accusing the state of expanding its sanctuary policies and obstructing federal immigration enforcement as the Trump administration intensifies its nationwide crackdown on illegal immigration.
The complaint challenges Executive Order No. 12, a recently issued directive that prohibits U.S. Immigration and Customs Enforcement (ICE) and other federal immigration officials from conducting secure arrests of criminal illegal aliens inside nonpublic areas of state property, including state correctional facilities.
Attorney General Pam Bondi said the policy undermines federal law enforcement efforts and puts both officers and the public at risk.
“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,” 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.”
According to the lawsuit, the executive order restricts cooperation between state officials and federal immigration authorities, resulting in the release of “dangerous criminals” from police custody who would otherwise be transferred to ICE for removal proceedings.
The complaint cites cases involving illegal aliens convicted of aggravated assault, burglary, drug trafficking and human trafficking offenses. Justice Department attorneys argue that preventing ICE from taking custody of such offenders in secure settings forces federal agents to conduct arrests in communities rather than controlled environments such as jails — a shift they say increases safety risks for officers and the public.
The Justice Department contends that the executive order violates the Constitution’s Supremacy Clause by discriminating against federal immigration authorities and interfering with Congress’ exclusive authority over immigration policy.
Specifically, the complaint alleges the policy bars ICE from using state prisons, courthouses, parking garages and other government facilities as staging, processing or transfer sites — including for immigration detainers that allow federal agents to assume custody of removable aliens while they remain in secure confinement.
The lawsuit marks the latest legal battle between the Trump administration and Democrat-led states over so-called sanctuary policies. Administration officials have argued that local and state cooperation is essential to removing criminal illegal aliens and restoring the rule of law.
New Jersey officials have defended their policies in the past as necessary to maintain trust between immigrant communities and local law enforcement, though the state has not yet publicly responded to the new lawsuit.
The case is expected to set up another high-profile clash with the Trump administration over its approach to illegal immigration.
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