NEW JERSEY (KYW Newsradio) — A District Court in New Jersey has upheld the governor's executive order, which blocks ICE from using state property for immigration enforcement.
In February, the Department of Justice filed a lawsuit against New Jersey and Gov. Mikie Sherrill over her executive order, which barred ICE from using state property to stage, process or conduct immigration enforcement. It claimed the order violated the Supremacy Clause in the Constitution, discriminated against the federal government, and put ICE agents at risk in unpredictable settings.
A judge dismissed the claims, saying it does not violate the Constitution and that federal immigration law relies on voluntary state cooperation.
Delanie Sisiruca, a staff attorney for the American Civil Liberties Union of New Jersey, said the ruling showed a clear line separating ICE from state and local government operations.
“New Jerseyans should be able to feel confidence when they're in a state or local government place, and when they're having interactions with state and local agencies, rather than worry that there might be some kind of federal immigration enforcement operation going on,” Sisiruca said.
If the federal government were to enforce state assistance, the judge said it would violate the 10th Amendment.
The judge also dismissed the DOJ’s discrimination claim, stating that ICE agents do a job that local and state officers do not, making it hard to prove that local law enforcement are treated better.
ICE can still use federal and municipal courthouses in addition to public areas of state buildings and nonpublic state property if a warrant signed by a judge is obtained.
KYW Newsradio has reached out to the Department of Justice for comment and has not heard back.
The DOJ sued the state and governor over an executive order in February
The DOJ sued the state and governor over an executive order in February
