WASHINGTON — The Justice Department sued New Jersey Democratic Gov. Mikie Sherrill Monday over her executive order meant to shield Garden Staters from Immigration and Customs Enforcement (ICE) raids on state property.
DOJ lawyers accused Sherrill, a former congresswoman and federal prosecutor, of “aiming to intentionally obstruct federal law enforcement” with her executive order No. 12, which she signed Feb. 11.
“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,” Attorney General Pam Bondi said in a statement Tuesday.
“States may not deliberately interfere with our efforts to remove illegal aliens and arrest criminals — New Jersey’s sanctuary policies will not stand.”
Sherrill’s order specifically directs state agencies to “not permit or consent to federal immigration officers entering, accessing, or using nonpublic areas of State property for the purpose of facilitating federal enforcement of civil immigration law” without a judicial warrant or court order.
The governor’s action caveated that it does not apply to state property that is open to the general public.
The feds argued that Sherrill’s order flouted the Supremacy Clause of the Constitution, which stipulates that federal law supersedes state law and called for a permanent injunction blocking its implementation.
Of particular concern for the DOJ is the lack of access to New Jersey’s jails to make “secure arrests” of criminal illegal immigrants, something that has long been a priority of border czar Tom Homan.
“New Jersey’s refusal to cooperate with federal immigration authorities results in the release of dangerous criminals from police custody who would otherwise be subject to removal, including illegal aliens convicted of aggravated assault, burglary, and drug and human trafficking, onto the streets,” the DOJ said in a press release.
Sherrill fired back at the DOJ lawsuit Tuesday, countering that “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.”
Acting State Attorney General Jennifer Davenport separately said the administration was “wasting its resources on a pointless legal challenge to Governor Sherrill’s executive order. Under Governor Sherrill’s leadership, New Jersey will continue to ensure the safety of our state’s immigrant communities.”
In addition to the order, Sherrill’s administration has launched a portal that lets New Jerseyans document their interactions with ICE for the state attorney general’s office.
Her team cited the shootings of Renee Good and Alex Pretti in Minneapolis last month as a motivating factor in the executive order.
Last year, Bondi directed the DOJ’s Civil Division to flag state and local laws that hamper federal enforcement of immigration law.
