The Court of Appeals has overturned New Jersey’s sanctuary law that aimed to prevent state and local agencies, as well as private contractors, from detaining undocumented immigrants in collaboration with Immigration and Customs Enforcement (ICE).
On Tuesday, the Third Circuit Court of Appeals delivered a 2-1 verdict declaring that New Jersey’s law, known as AB 5207, “abuses the federal government’s core authority to enforce immigration law.”
“New Jersey is clearly on the other side of the line, expressing disdain for certain federal immigration tools and enacting this law with the intent of blocking new contracts for civil immigration detention,” the verdict noted.
“[I]t is necessary for national governments to operate without interference from state entities. New Jersey recognized that the federal government couldn’t outright stop immigrants from being detained, so it effectively removed everyone the federal government might partner with within its borders. The federal function was essentially hindered, challenging the state’s dominance in our federal system.” The decision emphasized that “the U.S. Constitution provides the framework, and intergovernmental immunity protects its authority. New Jersey’s laws interfere with the federal government and are unconstitutional as they pertain to Corecivic.”
The ruling also highlighted that the district court determined New Jersey’s prohibition on private detention of undocumented immigrants.
The ban was introduced by New Jersey Democrats in 2023 to empêcher long-time private detention operator Corecivic from entering into a contract with ICE in Elizabeth, New Jersey. However, the Court of Appeals pointed out that ICE relies on state and local agencies, as well as private contractors, for its detention operations.
“U.S. Immigration and Customs Enforcement (ICE) does not construct or manage its own facilities. Instead, it collaborates with private enterprises and local governments to facilitate these operations,” the ruling explained. “This method allows ICE to adjust operational capacity based on the fluctuations in the number of individuals subject to deportation.”
The Immigration Reform Law Institute (IRLI), which submitted a brief in the case, hailed the decision as a setback to anti-ICE advocates attempting to limit ICE’s ability to detain unauthorized immigrants.
“The ban was designed to undermine immigration law enforcement in our country. The issue is that the very essence of the New Jersey law is unconstitutional. We’re pleased the court recognized this and invalidated the ban as a violation of federalism and constitutional principles.”
The case is Corecivic v. Governor of New Jersey, no. 23-2598, US Court of Appeals for the Third Circuit.
