Federal Judge Dismisses DOJ Lawsuit Against New Jersey Cities

A federal judge, appointed by President Joe Biden, has thrown out a lawsuit from the Department of Justice (DOJ) targeting four sanctuary jurisdictions in New Jersey. The judge stated the federal government does not have the necessary standing to proceed with the case.

On Thursday, Judge Evelyn Padin, who was appointed to the U.S. District Court for New Jersey in 2022, dismissed the DOJ’s lawsuit against Newark, Hoboken, Jersey City, and Paterson. The suit was based on the cities’ sanctuary policies designed to protect undocumented immigrants from federal immigration enforcement.

Judge Padin highlighted that “the federal government has the burden of asserting ‘facts essential to show jurisdiction.'” She noted that the required proof was not adequately presented.

The necessary display was not provided here. The court has therefore concluded that the federal government lacked standing to sue. Likewise, the court does not have subject matter jurisdiction to consider the substance of federal cases. Thus, the motion to dismiss will be granted. The complaint is dismissed without prejudice pursuant to Rule 12(b)(1).

The DOJ filed the lawsuit last year, claiming that these four sanctuary cities were unlawfully hindering the enforcement of federal immigration laws.

The original complaint asserted that “Newark, Jersey City, Paterson, and Hoboken are proud ‘sanctuary cities.’ They have adopted policies intended to complicate the enforcement of federal immigration laws by the United States.”

The complaint further argued, “These efforts to protect undocumented individuals in the Garden State are illegal. Among other things, these cities deny federal immigration officials access to individuals in local custody, restrict local officials from turning over undocumented individuals to federal agents, and prevent willing local officials from sharing critical information with federal immigration authorities.”

The Justice Department has pursued similar legal actions against sanctuary jurisdictions in states like New York, Connecticut, and Minnesota.

The case is titled USA vs. Newark, no. 25cv5081 in the United States District Court for the District of New Jersey.