Newark, NJ – U.S. District Judge Robert Kirsch struck down New Jersey’s ban on the detention of immigrants awaiting deportation on Tuesday. The legal challenge was brought forth by private prison operator CoreCivic.
Judge Kirsch stated that the 2021 New Jersey law, which prohibited privately or government-operated detention centers, unlawfully interferes with the capacity of federal agencies to enforce U.S. immigration laws. The ruling prevents New Jersey from enforcing the law against CoreCivic, whose contract for operating a facility in Elizabeth—the state’s last remaining immigrant detention center—expires this week.
CoreCivic spokesperson Ryan Gustin said, “Our sole job has been and continues to be to help the government solve problems in ways it could not do alone.”
New Jersey’s Attorney General’s office plans to appeal the decision, claiming it infringes on the state’s right to protect its residents.
The ruling adds to existing disagreements among U.S. courts about the legality of state bans on immigrant detention. Last year, a U.S. appeals court blocked a similar law in California, challenged by GEO Group Inc., while another appeals court upheld an Illinois law banning such detentions.
CoreCivic had argued that New Jersey’s law violated the U.S. Constitution by disrupting the federal government’s ability to contract with private entities. Judge Kirsch concurred, stating that federal immigration law aims for a uniform nationwide detention system.
The Biden administration has supported some challenges to state bans, including California’s. Despite pledging to end private detention of immigrants during his 2020 campaign, the percentage of immigrants held in private facilities has increased since President Biden took office.
