Trump Administration Sues NJ Over Mikie Sherrill’s ‘ICE Ban’

The Department of Justice (DOJ) has pushed back against New Jersey Governor Mikie Sherrill’s Executive Order 12, which limits the capabilities of immigration enforcement in the Garden State.

A DOJ lawsuit filed on Monday against New Jersey says that Sherrill’s order “aims to intentionally obstruct federal law enforcement,” calling it “a deliberate action that jeopardizes the public safety of all Americans.”

The lawsuit also claims that Executive Order 12 “discriminates against federal immigration officials and treats local and state law enforcement more favorably by providing unrestricted access to state-owned property.”

“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,” said Attorney General Pamela Bondi. “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 bans federal immigration agencies, including Immigration and Customs Enforcement (ICE), from operating on any nonpublic state-owned, state-leased, or state-controlled property without a judicial warrant or judicial order.

These properties can include, but are not limited to, state-operated office buildings, parking lots, hospitals, or college campuses, according to the executive order.

“We are making clear that the Trump administration’s lawless actions will not go unchecked in New Jersey,” Sherrill said when signing Executive Order 12. “Given ICE’s willingness to flout the Constitution and violently endanger communities – detaining children, arresting citizens, and even killing several innocent civilians – I will stand up for New Jerseyans' right to be safe.”

The Department of Justice specifically cited concerns about the ban with regard to New Jersey-operated correctional facilities. It says that barring non-warrant-wielding immigration agents from operating in jails and prisons will result in the “release of dangerous criminals.”

The DOJ added that these criminals include “illegal aliens convicted of aggravated assault, burglary, and drug and human trafficking.”

Acting NJ Attorney General Jennifer Davenport dismissed the DOJ’s lawsuit, calling it “pointless.”

“Instead of working with us to promote public safety and protect our state’s residents, the Trump Administration is wasting its resources on a pointless legal challenge to Governor Sherrill’s executive order," Davenport said. "Under Governor Sherrill’s leadership, New Jersey will continue to ensure the safety of our state’s immigrant communities. We look forward to defending this executive order in court.”

This is the DOJ’s latest suit by its Civil Division targeting “illegal sanctuary city policies” across the country, including in New York, Minnesota, and California.

DOJ Litigation On The Heels Of Controversy

The DOJ’s suit against New Jersey comes just days after the department admitted to more than 50 violations with regard to immigration court orders in the Garden State.

An internal investigation into the DOJ’s District of New Jersey revealed 52 immigration court order violations out of 547 cases between Dec. 5, 2025, and Feb. 12, 2026, one of which "erroneously" deported a man to Peru.

Read More: 50+ Immigration Court Orders Violated By NJ Dept. of Justice, Review Reveals

The review was conducted by Chief of Staff and Associate Deputy Attorney General Jordan Fox by the order of U.S. District Judge Michael Farbiarz.

The revelation of the dozens of violations sparked outcry, with Sherrill calling them "entirely unacceptable."

More From Patch:

• NJ Transit Abides By ICE Ban From Property, Officials Say
• ICE Buys North Jersey Warehouse For Detention Center, Sparking Bipartisan Outcry
• NJ Lawmakers Look To Ban ICE Agents From Public Employment In New Bill Trio