The Department of Justice sued New Jersey and Governor Mikie Sherrill over a state executive order that expands sanctuary policies and blocks ICE arrests in state facilities. Executive Order No. 12 prohibits ICE and federal immigration officials from conducting secure arrests of criminal illegal aliens inside nonpublic areas of state property, including state correctional facilities. The lawsuit signals the Trump administration’s intent to challenge sanctuary policies nationwide and raises important questions about state authority under the Supremacy Clause.
What changed
Executive Order No. 12 prohibits ICE and federal immigration officials from conducting secure arrests of criminal illegal aliens inside nonpublic areas of state property, including state correctional facilities. 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.
The Justice Department argues the order violates the Constitution’s Supremacy Clause by discriminating against federal immigration authorities and interfering with Congress’ immigration powers. On her first day in office, Attorney General 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 New Jersey lawsuit follows similar legal actions targeting policies in New York, Minnesota and Los Angeles, with federal officials signaling additional challenges could follow.
Why it matters
The blocked use of immigration detainers means federal agents cannot take custody of removable aliens in secure settings such as prisons or jails. This shifts the burden of arrest enforcement to community-based operations, which the DOJ argues creates safety risks for federal officers and public safety.
For practitioners, the lawsuit tests whether state law can categorically bar cooperation with federal immigration authorities within state facilities. If the federal court rules against New Jersey on Supremacy Clause grounds, it could narrow the scope of sanctuary protections nationwide and force states to reconsider policies restricting detainer compliance. Conversely, if the state prevails or the court dismisses on jurisdictional grounds, it may strengthen state sanctuary frameworks.
The case also raises practical questions about how removal proceedings work when ICE cannot access traditional handoff points in secure settings, and how practitioners coordinate with state-based clients in custody.
Way forward
- Track the litigation closely. Monitor filings in the federal district court (likely U.S. District Court in New Jersey) and review any motions practice that affects the scope of the order pending final judgment.
- Review your state’s detainer and cooperation policies. If you represent clients in New Jersey custody or advise on state-level immigration cooperation, confirm current protocols under the executive order and any anticipated changes if the lawsuit succeeds.
- Prepare alternative custody and transfer strategies. If state facilities are unavailable for federal detainer operations, ICE may shift to community arrests. Consider how this affects your client’s release decisions and bond arguments in removal proceedings.
- Watch for spillover to other jurisdictions. If DOJ prevails in New Jersey, expect similar challenges in New York, California, and elsewhere. Stay current on settlements or consent decrees that may expand or limit federal access to state facilities.
Disclaimer
This article is provided for informational purposes only and is not legal advice. We are not a law firm. Immigration law is complex, and policy and litigation outcomes can change without notice. Practitioners should verify all claims against the primary source document linked above and consult a licensed attorney in your jurisdiction for advice on how this lawsuit may affect your specific clients or practice. See https://www.wfmd.com/2026/02/24/doj-sues-new-jersey-over-executive-order-limiting-ice-cooperation-expanding-sanctuary-status/ for the complete announcement.