PHILADELPHIA — A federal appeals court has ruled that New Jersey cannot prohibit private companies from contracting with federal authorities to detain immigrants, striking down a state law passed in 2021 that aimed to end such agreements.
The Third Circuit Court of Appeals found that Assembly Bill 5207 unlawfully interfered with federal immigration enforcement. The law barred state and local government agencies, as well as private detention facilities, from entering, renewing, or extending contracts to hold individuals for civil immigration violations.
In its decision, the court said the state overstepped its authority by attempting to block federal operations through state legislation. The ruling effectively allows private operators to continue partnering with U.S. Immigration and Customs Enforcement (ICE) in New Jersey.
Assembly Bill 5207, signed into law by Gov. Phil Murphy, was intended to phase out the use of for-profit facilities for immigration detention in the state. The legislation also applied to any political subdivision of the state, including counties, sheriffs, and municipalities.
New Jersey Attorney General Matthew J. Platkin criticized the court’s ruling.
“We are disappointed in the Third Circuit’s ruling this morning invalidating our law prohibiting private immigration detention,” Platkin said in a statement released Tuesday. “We will continue to do all we can to defend these important goals and are evaluating our next steps in this case.”
The court’s majority opinion was opposed by one dissenting judge, who argued that states have wide authority to regulate for-profit detention facilities within their borders, particularly when no federal statute expressly preempts such regulation.
The ruling comes amid ongoing scrutiny of conditions at facilities like Delaney Hall in Newark, which has drawn criticism from advocates and lawmakers.
The Third Circuit’s decision clears the way for private companies to resume immigration detention contracts in New Jersey.
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