DOJ Sues Blue State Over Anti-ICE Executive Order

The U.S. Department of Justice filed a lawsuit against the State of New Jersey and Governor Mikie Sherill on over a recent executive order designed to interfere with federal immigration enforcement.

A press release from the DOJ cites an executive order signed by newly-elected Governor Mikie Sherill on February 11, 2026. The order prohibits federal immigration officials, including those from U.S. Immigration and Customs Enforcement (ICE), from conducting civil immigration arrests in nonpublic areas of state-owned property, such as correctional facilities.

The order also bars the use of state property as a staging area, processing location, or operations base for civil immigration enforcement.

“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 Pam Bondi.

“States may not deliberately interfere with our efforts to remove illegal aliens and arrest criminals — New Jersey’s sanctuary policies will not stand.”

The release further explains that the executive order prevents ICE and other federal officials from making what it describes as secure arrests of individuals identified as criminal illegal aliens inside nonpublic areas of state property.

“As alleged in the complaint, 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 release continued.

The Department of Justice filed the case in the U.S. District Court for the District of New Jersey (Civil Case No. 3:26-cv-1770). The complaint argues that the executive order violates the Supremacy Clause of the U.S. Constitution by posing an obstacle to federal immigration enforcement, directly regulating and discriminating against the federal government.

It references federal memoranda from the Department of Homeland Security and ICE that outline case-by-case discretion for enforcement locations, contrasting this with the order’s blanket prohibitions.

This action follows earlier steps by Attorney General Bondi. On her first day in office, she directed the Civil Division to identify state and local policies impeding federal immigration operations.

The department published a list of sanctuary jurisdictions on August 5, 2025. The press release describes the New Jersey lawsuit as the latest in a series of similar actions against policies in states and cities including New York, Minnesota, and Los Angeles, California.

In addition, the latest order is part of broader state-level measures in New Jersey aimed at limiting cooperation with federal immigration authorities in certain settings. Public reports indicate it requires warrants for entry into nonpublic areas for civil immigration purposes and restricts operational use of state facilities.

The federal complaint seeks to invalidate the order and enjoin its enforcement.

In addition to the executive order, Governor Sherrill has opened a database to log the identities, vehicles and locations of federal agents in the Garden State. The move has been heavily criticized by the DOJ amid a massive increase in violence targeting federal agents.

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