Newark, NJ — A major legal battle over immigration enforcement is unfolding in New Jersey after the U.S. Department of Justice filed a federal lawsuit against the state and Gov. Mikie Sherrill, challenging an executive order that restricts how and where federal agents can operate.
The lawsuit, filed in U.S. District Court in New Jersey, targets Executive Order No. 12, which bars immigration authorities from accessing nonpublic areas of state property—including prisons, courthouses, and government buildings—without a judicial warrant.
Federal officials argue the policy interferes with immigration enforcement and violates the Constitution’s Supremacy Clause.
Federal vs. state power at center of fight
At the heart of the case is a fundamental question: how far can a state go in limiting federal immigration enforcement on its own property?
The Justice Department says New Jersey crossed that line.
“States may not deliberately interfere with our efforts to remove illegal aliens and arrest criminals,” Attorney General Pamela Bondi said, arguing the policy obstructs federal law enforcement operations.
The complaint claims the order “stands as an obstacle” to federal immigration enforcement and improperly singles out federal agents for restrictions not applied to other law enforcement.
What the executive order does
Signed in February 2026, the order directs state agencies to deny immigration officers access to nonpublic areas of state-controlled property for civil immigration enforcement.
That includes:
- State prisons and correctional facilities
- Courthouse back areas and secure entrances
- Government buildings and offices
- State-owned parking lots and operational spaces
It also blocks federal agencies from using state property as staging or processing areas for immigration operations.
Why federal officials say it matters
The DOJ argues the restrictions make enforcement more dangerous and less effective.
According to the complaint, immigration arrests are often safest when conducted inside controlled environments like jails—rather than in public settings.
By limiting access to those spaces, the federal government claims it is forced to make more “at-large” arrests in communities, increasing risk to officers and the public.
The lawsuit also points to immigration detainers—requests to hold individuals already in custody—as a key tool impacted by the policy.
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Key Points
• DOJ sues New Jersey over limits on ICE access to state facilities
• Lawsuit argues policy violates Constitution and blocks enforcement
• Case centers on access to prisons, courthouses, and state property
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New Jersey’s position
State officials have framed the order as a public safety and civil rights measure.
The policy is tied to broader “safe communities” efforts, which aim to limit cooperation with federal immigration enforcement in sensitive locations like schools, courts, and shelters.
Governor Sherrill has argued the order protects residents from what she described as aggressive or unconstitutional enforcement tactics.
Part of national crackdown
The lawsuit is one of several filed by the Justice Department targeting so-called sanctuary policies across the country, including cases in New York, California, and Minnesota.
Federal officials say the effort is part of a broader campaign to reassert federal authority over immigration enforcement nationwide.
What happens next
The DOJ is asking the court to block New Jersey from enforcing the executive order and declare it unconstitutional.
The case is expected to move through federal court in the coming months and could have significant implications for how states interact with federal immigration authorities.
For now, the legal fight sets up a direct confrontation between state policy and federal power—with outcomes that could extend far beyond New Jersey.
