DOJ sues New Jersey over executive order limiting ICE cooperation, expanding sanctuary status
· Fox News
The Justice Department filed a lawsuit against New Jersey and Democratic Gov. Mikie Sherrill, accusing the state of expanding its sanctuary policies and obstructing federal immigration enforcement through a new executive order.
The complaint, filed Monday, challenges Executive Order No. 12, which 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.
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Attorney General Pam Bondi said the policy endangers federal officers and the public.
"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."
The lawsuit alleged the order unlawfully restricts cooperation with federal authorities and results in the release of "dangerous criminals" from police custody who would otherwise be subject to removal.
According to the complaint, those individuals include illegal aliens convicted of aggravated assault, burglary, and drug and human trafficking offenses.
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The Justice Department argued the order violates the Constitution’s Supremacy Clause by discriminating against federal immigration authorities and interfering with Congress’ immigration powers.
The complaint said the policy bars ICE from using state prisons, courthouses, parking garages and other facilities as staging, processing or transfer sites — including for immigration detainers that allow federal agents to take custody of removable aliens in secure settings.
On her first day in office, Bondi directed the department’s civil division to identify state and local laws, policies and practices that undermine federal immigration enforcement or obstruct lawful federal operations, the DOJ said.
The department published a list of sanctuary jurisdictions on Aug. 5, 2025, before New Jersey issued its latest executive order and Bondi has vowed to bring litigation to end such policies nationwide.
The lawsuit marks the latest in a series of legal challenges filed by the Civil Division targeting sanctuary policies in states and cities, including in New York, Minnesota and Los Angeles.