A major change has just taken place in New Jersey’s approach to immigration detention. On July 22, 2025, the Third Circuit Court of Appeals struck down the New Jersey law that banned private companies from making contracts with the federal government to run immigration detention centers. This decision is a big win for the Trump administration and for private prison companies like CoreCivic. It also has immediate effects for immigrants, state officials, private prison operators, and anyone involved in immigration enforcement in New Jersey.
Let’s break down what has changed, who is affected, what actions are needed now, and what this means for people with pending immigration cases or those concerned about detention in New Jersey.
What Changed: The Court’s Decision and Its Impact
The main change is that the New Jersey law (known as AB 5207), which stopped private companies from signing new or renewed contracts with U.S. Immigration and Customs Enforcement (ICE) to run detention centers, is no longer in effect. The court’s ruling means private companies like CoreCivic can keep working with ICE to operate facilities such as the Elizabeth Detention Center.
Here’s what you need to know about the decision:
- Date of Ruling: July 22, 2025
- Court: Third Circuit Court of Appeals
- Decision: The court voted 2-1 to overturn New Jersey’s law banning private immigration detention contracts.
- Key Quote: Judge Stephanos Bibas wrote, “Just as states cannot regulate the federal government itself, they cannot regulate private parties in a way that severely undercuts a federal function. The law interferes with the federal government’s core power to enforce immigration laws.”
This ruling is a direct response to the Trump administration’s push to expand the use of detention centers as part of a larger effort to increase deportations and enforce immigration laws more strictly.
Who Is Affected by the Ruling
The court’s decision affects several groups:
- Immigrants in New Jersey: People facing deportation or waiting for immigration court hearings may now be held in private detention centers run by companies like CoreCivic.
- Private Prison Operators: CoreCivic and similar companies can continue and possibly expand their contracts with ICE in New Jersey.
- State Officials and Lawmakers: New Jersey officials lose the power to block or limit private immigration detention contracts when those actions interfere with federal immigration enforcement.
- Immigrant Advocacy Groups: Organizations like the ACLU of New Jersey see this as a setback for their efforts to protect immigrants from what they describe as unsafe or abusive conditions in private detention centers.
- Federal Government and ICE: The Trump administration and ICE can keep using private detention centers in New Jersey to hold people during immigration proceedings.
Effective Dates and Immediate Actions
- Effective Immediately: The court’s ruling takes effect right away. The New Jersey law banning private immigration detention contracts is no longer valid.
- Elizabeth Detention Center: This facility, run by CoreCivic, remains open and continues to be used by ICE for detaining immigrants.
- No Announced Changes to Intake: As of July 24, 2025, there have been no official changes to how many people are being held or how the facilities are run, but advocates are watching closely for any increases in the number of detainees or changes in conditions.
What Should Affected Individuals and Groups Do Now?
If you are an immigrant, family member, lawyer, or advocate in New Jersey, here are some steps you may want to consider:
- Stay Informed: Keep up with updates from the New Jersey Attorney General’s Office, ICE, and advocacy groups like the ACLU of New Jersey.
- Monitor Facility Conditions: If you or someone you know is detained, pay attention to any changes in facility conditions or treatment. Report concerns to advocacy groups or legal representatives.
- Legal Representation: If you are facing detention or deportation, seek legal help as soon as possible. Lawyers can help you understand your rights and options.
- Advocacy and Oversight: Community groups and advocates should continue to monitor detention centers and push for transparency and humane treatment.
Background: How We Got Here
To understand why this decision matters, it helps to know the history:
- 2021: New Jersey passed AB 5207, a law that stopped private companies from making new or renewed contracts with ICE to run immigration detention centers in the state. The goal was to phase out private immigration detention in New Jersey.
- National Movement: New Jersey was part of a larger trend, with several states trying to limit or ban private immigration detention contracts.
- CoreCivic’s Lawsuit: CoreCivic, which runs the Elizabeth Detention Center, sued New Jersey, saying the law interfered with federal immigration enforcement.
- Lower Court Ruling: A district court agreed with CoreCivic, and New Jersey appealed.
- Appeals Court Decision: The Third Circuit Court of Appeals has now sided with CoreCivic and the Trump administration, overturning the state law.
Key Stakeholders and Their Reactions
- CoreCivic: The company welcomed the decision. Ryan Gustin, a spokesperson, said, “Our responsibility is to care for each person respectfully and humanely while they receive the legal due process that they are entitled to.”
- New Jersey Attorney General Matthew Platkin: He expressed disappointment and pointed to health and safety risks in for-profit detention centers. Platkin said the state is “considering its next steps” and mentioned recent problems at Delaney Hall, a private facility in Newark.
- ACLU of New Jersey: The group called the ruling a “devastating blow to immigrant communities.” They pointed to evidence of abuse, dangerous conditions, and medical neglect in private detention centers and promised to keep fighting for state-level protections.
- Local Officials: U.S. Rep. LaMonica McIver (D-NJ) was recently indicted for allegedly blocking Homeland Security agents during a visit to Delaney Hall, showing the high tensions between federal and local officials.
Policy Implications: What Does This Mean for the Future?
The court’s decision has several important effects:
- Federal Supremacy: The ruling makes it clear that federal immigration enforcement takes priority over state laws when the two conflict.
- Private Detention Centers: Companies like CoreCivic can keep operating and may even expand their contracts with ICE in New Jersey.
- State Authority Limited: New Jersey and other states have less power to block or regulate private immigration detention if it interferes with federal enforcement.
- Advocacy Concerns: Immigrant rights groups worry that the decision will lead to more people being held in private detention centers, where they believe conditions are often poor.
What Happens to Pending Applications and Current Detainees?
- No Immediate Change for Pending Cases: If you have a pending immigration application or are waiting for a court hearing, the process itself does not change because of this ruling. However, you may be more likely to be held in a private detention center while you wait.
- Facility Operations Continue: The Elizabeth Detention Center and other private facilities will keep operating as usual, unless further legal action changes the situation.
- Advocates Watching Closely: Groups like the ACLU and local legal aid organizations are monitoring for any changes in how detainees are treated or how many people are being held.
Procedural Details and Next Steps for the State
- Attorney General’s Review: New Jersey Attorney General Matthew Platkin is reviewing the court’s decision and may seek further legal action. This could include asking the full Third Circuit Court to rehear the case or appealing to the U.S. Supreme Court.
- No Immediate Shutdowns: As of now, no detention centers are closing as a result of this decision. CoreCivic’s contract with ICE remains in place.
- Possible Appeals: If New Jersey decides to appeal, the legal fight could continue, but for now, the court’s ruling stands.
Expert Analysis: Legal and Policy Perspectives
- Legal Experts: Many legal scholars see this as a strong statement that federal law overrules state law in immigration matters. The court’s majority opinion focused on the idea that states cannot pass laws that make it much harder for the federal government to do its job.
- Civil Rights Groups: The ACLU and other advocates argue that the decision makes it harder for states to protect immigrants from what they see as unsafe or abusive conditions in private detention centers.
- Industry Representatives: CoreCivic and similar companies say they play an important role in helping the federal government enforce immigration laws and that they are committed to treating detainees with respect and following the law.
Recent Incidents and Ongoing Concerns
- Delaney Hall: In May 2025, Delaney Hall, a 1,000-bed private detention facility, opened in Newark. There have been reports of problems with conditions and oversight, which state officials have used as examples of why they wanted to ban private detention contracts.
- Oversight and Transparency: There is ongoing debate about how well private detention centers are monitored and whether they provide safe and humane conditions for detainees.
Future Outlook: What to Expect Next
- Possible Expansion of Detention: The Trump administration is expected to use this decision to increase the use of private detention centers in New Jersey and possibly in other states with similar laws.
- Continued Legal Battles: If New Jersey appeals, the case could go to the full Third Circuit or even the U.S. Supreme Court. The outcome could affect not just New Jersey but other states trying to pass similar laws.
- Increased Scrutiny: Advocacy groups and state officials are likely to keep a close watch on detention centers, especially after recent incidents at places like Delaney Hall.
- Policy Changes: Depending on future court decisions and political changes, the rules around private immigration detention could change again.
Official Resources and Where to Get More Information
- New Jersey Attorney General’s Office: For official statements and updates, visit the NJ Office of the Attorney General.
- U.S. Immigration and Customs Enforcement (ICE): For information on detention operations and facility oversight, see the ICE Detention Facilities page.
- ACLU of New Jersey: For advocacy resources and legal updates, visit the ACLU-NJ website.
Key Dates to Remember
- 2021: New Jersey’s AB 5207 signed into law, starting the legal conflict over private immigration detention contracts.
- May 2025: Delaney Hall, a large private detention facility, opens in Newark.
- July 22, 2025: The Third Circuit Court of Appeals overturns New Jersey’s law banning private immigration detention contracts.
Summary of Immediate Next Steps
- For Immigrants and Families: Stay in contact with legal representatives and advocacy groups. Be aware that private detention centers will continue to operate in New Jersey.
- For Advocates and Community Groups: Continue monitoring detention conditions and advocating for detainee rights. Watch for any changes in facility operations or increases in the number of people detained.
- For State Officials: Decide whether to pursue further legal action, such as an appeal to the full Third Circuit or the U.S. Supreme Court.
- For Private Prison Operators: Continue working with ICE under existing contracts and prepare for possible expansion if the federal government increases detention capacity.
Implications for Pending Applications and Broader Immigration Policy
- No Change to Application Process: The process for applying for immigration relief or defending against deportation remains the same, but the likelihood of being held in a private detention center may increase.
- Federal-State Relations: The ruling limits how much states can do to block federal immigration enforcement efforts, especially when it comes to private detention contracts.
- Ongoing Debate: The decision has sparked strong reactions from all sides, and the debate over the role of private companies in immigration enforcement is likely to continue.
As reported by VisaVerge.com, this ruling marks a turning point in the struggle between state and federal control over immigration detention. While the Trump administration and companies like CoreCivic see it as a victory for federal enforcement, many in New Jersey and across the country worry about the impact on immigrant communities and the conditions inside private detention centers.
For those affected, the most important steps are to stay informed, seek legal help if needed, and continue to push for transparency and humane treatment in all detention facilities. The situation may change again if New Jersey decides to appeal, so keeping up with official updates and advocacy resources is key. For more information on how immigration detention works and your rights, you can visit the official ICE website.
This update will continue to shape immigration enforcement and policy in New Jersey and may influence similar battles in other states. All eyes are now on what steps New Jersey will take next and how the Trump administration will use this decision to shape the future of immigration detention in the United States 🇺🇸.
Learn Today
Third Circuit Court of Appeals → Federal appellate court that reviews district court decisions within New Jersey and other states.
AB 5207 → New Jersey state law banning private companies from contracting with ICE to run detention centers.
CoreCivic → Private company that operates immigrant detention centers under federal contracts, including Elizabeth Detention Center.
ICE → U.S. Immigration and Customs Enforcement, federal agency managing immigration enforcement and detention.
Immigration Detention Center → Facility where noncitizens are held while awaiting immigration proceedings or deportation.
This Article in a Nutshell
The Third Circuit Court struck down New Jersey’s ban on private immigration detention contracts, allowing CoreCivic to operate. This ruling strengthens federal authority, impacts immigrants awaiting hearings, and challenges state efforts to regulate immigrant detention, shaping New Jersey’s immigration enforcement landscape indefinitely.
— By VisaVerge.com
