A federal judge, appointed by former President Joe Biden, has thrown out a lawsuit brought by the Department of Justice (DOJ) against four sanctuary jurisdictions in New Jersey, arguing that the federal government lacks standing to sue.
On Thursday, Judge Evelyn Padin, appointed to the United States District Court for the District of New Jersey in 2022 by Biden, dismissed the DOJ’s case against the cities of Newark, Hoboken, Jersey City, and Paterson for their sanctuary policies that shield illegal aliens from federal immigration law.
“The Federal Government bears the burden of alleging ‘facts essential to show jurisdiction,’” Padin writes:
Here, it has not made the requisite showing. The Court therefore concludes the Federal Government lacks standing to sue. In turn, this Court lacks subject matter jurisdiction to address the merits of the Federal Government’s case. Accordingly, this Court will GRANT the Motions to Dismiss under Rule 12(b)(1) and DISMISS the Complaint without prejudice. [Emphasis added]
The DOJ filed the suit last year, arguing that the four New Jersey sanctuary jurisdictions unlawfully obstruct the federal government from enforcing federal immigration law.
“Newark, Jersey City, Paterson, and Hoboken are proud ‘sanctuary cities,’” the initial complaint reads. “They have all adopted policies for the clear object of making it harder for the United States to enforce federal immigration law.”
“These efforts to shield illegal aliens within the Garden State are unlawful,” the complaint continues. “Among much else, these cities … deny federal immigration agents access to illegal aliens in local custody; restrict local officers’ ability to hand over illegal aliens to federal agents; and bar otherwise willing local officers from providing mission-critical information to federal immigration authorities.”
The DOJ has filed similar lawsuits against sanctuary jurisdictions in New York, Connecticut, and Minnesota, among others.
The case is U.S. v. Newark, No. 25cv5081 in the U.S. District Court for the District of New Jersey.
John Binder is a reporter for Breitbart News. Email him at jbinder@breitbart.com.
