The U.S. Department of Justice (DOJ) is suing New Jersey over Gov. Mikie Sherrill’s executive order that prohibits U.S. Immigration and Customs Enforcement (ICE) agents from making arrests on nonpublic state-owned property.
The 21-page lawsuit was filed in federal court in Newark on Monday and alleges that the executive order violates the supremacy clause in three ways: Federal immigration law preempts the order, that it’s unlawful regulation of the federal government and that it’s unlawful discrimination against the federal government.
“Such blatant disregard for federal laws that have been on the books for over three decades is not merely a political statement, but is instead deliberate action that jeopardizes the public safety of all Americans,” the lawsuit reads. “But the Supremacy Clause of the United States Constitution prohibits a state from usurping Congress. Accordingly, the United States files this action to preserve the integrity of federal law penned by Congress aimed at preserving the safety and flourishing of our Nation.”
Executive Order 12, enacted on Feb. 11, also prohibits the use of state property as a staging or processing area for immigration enforcement.
“Property and resources owned and controlled by the State are intended to serve the residents of New Jersey, and may not lawfully be commandeered to facilitate federal civil immigration enforcement," the Order states.
Sherrill defined state property as “facilities, premises, and parcels, or portions thereof, that are owned, operated, leased, or controlled by New Jersey Executive Branch departments and agencies, including but not limited to office buildings, parking lots, and parking garages.”
In a Feb. 11 press release announcing the executive order and a portal where citizens can upload videos of encounters with immigration agents, Sherrill said, “Today, we are making clear that the Trump administration’s lawless actions will not go unchecked in New Jersey. Given ICE’s willingness to flout the Constitution and violently endanger communities – detaining children, arresting citizens, and even killing several innocent civilians – I will stand up for New Jerseyans right to be safe.”
The DOJ’s Feb. 23 lawsuit claims Sherrill “aims to intentionally obstruct federal law enforcement and celebrates thwarting the constitutional obligation of the President of the United States to take care that federal immigration law be faithfully executed.”
The suit then references Executive Order 14287, enacted by President Trump on April 28, 2025, which claims the federal government has “plenary authority regarding immigration.”
During an unrelated press conference on Tuesday morning, Sherrill commented on the lawsuit.
“I think what the federal government needs to be focused on right now instead of attacking states like New Jersey working to keep people safe is actually training their ICE agents with some modicum of training, like any law enforcement officer in the state of New Jersey would have, so they can operate better and more safely,” she said.
Megan Pitt is the head editor of The Setonian’s News section. She can be reached at megan.pitt@student.shu.edu.
