Justice Department sues New Jersey to block order limiting ICE access

The U.S. Department of Justice filed suit in federal court on Feb. 24, 2026, asking a judge to permanently block New Jersey Governor Mikie Sherrill's Executive Order No. 12, which the department says prohibits Immigration and Customs Enforcement and other federal agents from making "secure arrests" inside nonpublic areas of state property, including correctional facilities.

In a complaint the department says was lodged in U.S. District Court, DOJ lawyers argue the order unlawfully interferes with federal immigration enforcement and violates the Constitution's Supremacy Clause. The complaint asserts the state policy "obstructs federal law enforcement and facilitates the evasion of federal law by dangerous criminals, notwithstanding federal immigration agents’ statutory mandate to detain and remove illegal aliens," language the Justice Department attributes to the filing.

Attorney General Pamela Bondi, speaking for the department in a press release, framed the conflict as a public-safety matter. "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," she said. Bondi added, "States may not deliberately interfere with our efforts to remove illegal aliens and arrest criminals - New Jersey's sanctuary policies will not stand."

The complaint seeks a permanent injunction preventing the state from implementing provisions of Executive Order No. 12. The Justice Department also alleges that by denying federal officials access to certain state spaces and barring the use of state property as staging areas for operations, New Jersey's order has led to the release of people the department describes as "dangerous criminals," including individuals convicted of aggravated assault, burglary, and drug and human trafficking.

The Sherrill administration has defended the order and pledged to litigate. Acting New Jersey Attorney General Jennifer Davenport said in a statement that Washington's challenge is a waste of resources, and vowed to protect immigrant communities. "Instead of working with us to promote public safety and protect our state's residents, the Trump administration is wasting its resources on a pointless legal challenge to Governor Sherrill's executive order," Davenport said. "Under Governor Sherrill's leadership, New Jersey will continue to ensure the safety of our state's immigrant communities. We look forward to defending this executive order in court."

The suit comes amid a broader push by the Justice Department's Civil Division to challenge sanctuary policies in multiple jurisdictions, the department has said in recent months. For states and cities, the litigation raises immediate legal stakes and practical dilemmas: whether to prioritize cooperation with federal immigration authorities or to limit that cooperation in the name of shielding residents from raids and deportation.

Beyond the courtroom, the clash carries public-health and community consequences. Public-health workers and immigrant advocates say restrictions on enforcement can both protect community trust and complicate coordination between state institutions and federal agencies. Fear of detention and deportation can deter people from seeking medical care, reporting violence, or engaging with services that affect community safety and disease control. At the same time, federal officials argue constrained access to correctional settings and state facilities impedes their statutory duties.

The case will test the boundaries between federal immigration power and state policies aimed at protecting residents who are undocumented. A federal judge's ruling on the requested injunction will determine whether New Jersey can enforce Executive Order No. 12 while the underlying constitutional issues are litigated.