Trump Administration Sues New Jersey Over Executive Order Limiting ICE Access

2026-02-25 politics

Trenton, Wednesday, 25 February 2026.
The Justice Department sued New Jersey Monday, alleging Governor Sherrill’s executive order barring ICE agents from state facilities violates the Supremacy Clause and intentionally obstructs federal immigration enforcement.

Constitutional Challenge Filed in Trenton

The Department of Justice (DOJ) formally filed a 21-page complaint in federal court on February 23, 2026, seeking to invalidate Governor Mikie Sherrill’s Executive Order No. 12 [5][6][8]. The administration contends that the directive, signed on February 11, 2026, constitutes an “intolerable obstacle” to federal operations by prohibiting Immigration and Customs Enforcement (ICE) agents from accessing nonpublic state property—such as correctional facilities and courthouses—without a judicial warrant [1][2][6]. The lawsuit alleges that the order violates the Supremacy Clause of the U.S. Constitution by unlawfully regulating and discriminating against the federal government, with prosecutors arguing that the state “insists on harboring criminal offenders” from federal law enforcement [2][5]. Notably, the complaint highlights that Governor Sherrill, a Democrat who assumed office on January 20, 2026, moved to implement these restrictions just 22 days into her term [2][8].

Escalating Tensions Over Sovereignty

U.S. Attorney General Pam Bondi characterized the state’s stance as a direct threat to public safety, asserting that “New Jersey’s sanctuary policies will not stand” while federal agents risk their lives to remove “illegal aliens” and arrest criminals [6][8]. This legal action represents a continuation of the Trump administration’s aggressive litigation strategy against jurisdictions aimed at limiting cooperation with federal immigration authorities [2]. The DOJ previously sued four New Jersey municipalities—Newark, Jersey City, Paterson, and Hoboken—in May 2025, alongside similar actions taken against California and New York City over their respective sanctuary policies [1][2].

State Leadership Defends Autonomy

Governor Sherrill, who made opposition to President Trump a central theme of her 2025 gubernatorial campaign, addressed the lawsuit during a press conference on Tuesday [2][8]. She dismissed the DOJ’s actions, suggesting that federal resources would be better allocated toward training ICE agents to operate with “some modicum of training” rather than “attacking states like New Jersey working to keep people safe” [1][4]. Supporting this position, New Jersey Acting Attorney General Jennifer Davenport labeled the legal challenge a “pointless” waste of resources and affirmed the state’s intention to vigorously defend the executive order in court [1][6]. The administration also noted that the Governor had established a portal on February 11, 2026, encouraging residents to document and upload videos of interactions with ICE agents, further fueling the federal government’s claims of obstruction [1][8].

Sources

Immigration Policy Federal Lawsuit