DOJ Sues New Jersey Over Executive Order Expanding Sanctuary Rules

(NEW JERSEY) — The U.S. Department of Justice filed a federal lawsuit on February 24, 2026 against the State of New Jersey and Governor Mikie Sherrill, challenging an executive order that limits when federal immigration authorities can enter certain areas of state-owned property.

The complaint targets New Jersey Executive Order No. 12, which DOJ says blocks federal immigration enforcement access to “controlled environments” such as prisons and courthouses and interferes with the federal government’s ability to carry out immigration law.

“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. States may not deliberately interfere with our efforts to remove illegal aliens and arrest criminals — New Jersey’s sanctuary policies will not stand,” said Attorney General Pamela Bondi in a DOJ statement issued February 24, 2026, in a Justice Department press release.

Governor Sherrill signed Executive Order No. 12 on February 11, 2026, shortly after she took office, and framed it as a measure aimed at encouraging immigrant residents to use public services without fear. Sherrill said the order was intended to ensure that “immigrant communities feel safe accessing essential services” without fear of federal agents.

The executive order requires a judicial warrant issued by a federal judge before ICE or other federal officials can enter “nonpublic areas” of state-owned property to conduct arrests, a category that includes correctional facilities, courthouses, and state office buildings. The order draws a line between public areas and nonpublic areas, and that distinction sits at the center of the legal fight.

Along with the warrant requirement for nonpublic spaces, the order bars the use of state property as a processing or transfer point for federal civil immigration enforcement. DOJ described that provision as a staging ban that blocks federal use of locations such as parking garages or other sites on state property.

DOJ’s lawsuit argues the executive order violates the Supremacy Clause of the U.S. Constitution and the doctrine of intergovernmental immunity. The department says New Jersey cannot impose conditions that obstruct federal immigration operations, and it says state measures cannot discriminate against or directly regulate federal activity.

In its complaint, labeled “Department of Justice Complaint (U.S. v. New Jersey), February 23, 2026,” DOJ called New Jersey’s approach a “blatant disregard for federal laws” and a “deliberate action that jeopardizes the public safety of all Americans.” The filing also argues the order “singles out federal immigration officials. for unfavorable and uncooperative treatment.”

The federal government tied its legal claims to public safety, arguing that restricting federal access to jails and similar facilities shifts enforcement into neighborhoods. DOJ says New Jersey’s restrictions drive agents into “at-large arrests,” which the department says are “unpredictable and can be dangerous to the public, aliens, and federal law enforcement officers.”

DOJ also alleged the limits have already had concrete consequences, saying the restrictions resulted in the release of people it described as convicted of serious crimes, including aggravated assault, burglary, drug trafficking, and human trafficking, who otherwise would have been transferred to federal custody.

New Jersey’s order, as written, governs access to state-controlled spaces and limits how federal immigration authorities can operate inside those facilities without a warrant, while leaving public areas outside that requirement. That framing, and whether it amounts to ordinary management of state property or unlawful interference with federal operations, sits at the heart of the dispute DOJ placed before a federal court.

The lawsuit lands amid a broader federal push targeting sanctuary jurisdictions during the Trump administration. On August 5, 2025, DOJ published a formal list of sanctuary jurisdictions that included several New Jersey cities: Newark, Jersey City, Paterson, and Hoboken.

Federal officials argue that when states and localities deny federal immigration officers access to jails and courthouses, enforcement does not stop but changes form, with more community arrests rather than transfers from secure facilities. DOJ cast that shift as a public-safety problem and used it to support its claim that New Jersey’s executive order obstructs the execution of federal immigration law.

Another administration official echoed that posture the same day as the lawsuit, though in the context of a separate detention facility matter. “From banning sanctuary cities to strengthening law enforcement cooperation. we look forward to continuing our work together [with partners who secure the country],” said DHS Secretary Kristi Noem on February 24, 2026.

If DOJ succeeds, the department says ICE could regain broader access to state prisons and other facilities for removal activity tied to releases from state custody, allowing federal agents to take custody in secure settings rather than in public. DOJ also seeks to invalidate the “Immigrant Trust Directive,” which it says could push local law enforcement back toward cooperation with ICE detainers.

The case now moves into the early stages of federal litigation, where the parties typically begin by filing motions and arguing over whether the challenged restrictions can remain in effect while the lawsuit proceeds. Bondi tied the department’s challenge to a broader warning to the state, saying, “States may not deliberately interfere with our efforts to remove illegal aliens and arrest criminals — New Jersey’s sanctuary policies will not stand.”