Trump administration sues New Jersey over state order limiting federal immigration arrests

State officials call lawsuit 'pointless' and vow to fight it vigorously in court
PUBLISHED FEB 24, 2026
Justice Department warns governor’s directive presents an 'intolerable obstacle' to federal enforcement (Getty Images)
Justice Department warns governor’s directive presents an 'intolerable obstacle' to federal enforcement (Getty Images)

WASHINGTON, DC: The Trump administration has filed a lawsuit against the state of New Jersey, challenging a recently issued executive order that restricts where federal immigration agents may conduct arrests on state property.

The complaint, lodged in federal court in Trenton, targets an order signed by Democratic Governor Mikie Sherrill on February 11.

The executive order prohibits federal agents from carrying out immigration enforcement operations in nonpublic areas of state facilities, including correctional institutions and courthouses. It bars the use of state property as staging or processing grounds for immigration enforcement actions. 

Justice Department challenges Governor’s executive order

In its filing, the US Department of Justice contends that Sherrill’s directive unlawfully impedes federal immigration enforcement.

The lawsuit asserts that the governor “insists on harboring criminal offenders from federal law enforcement,” and alleges that her administration is attempting to obstruct federal authorities and undermine Donald Trump’s immigration policies.  

Sherrill said after the call that the event made clear that Ciattarelli would be the “Trump of Trenton”. (repsherrill/Instagram)
Sherrill said after the call that the event made clear that Ciattarelli would be the 'Trump of Trenton' (repsherrill/Instagram)

The complaint contends that the executive order “poses an intolerable obstacle” to federal enforcement and “directly regulates and discriminates” against the federal government. Filed on Monday, February 23, the lawsuit also mistakenly spelled Governor Mikie Sherrill's name as “Sherill.” 

New Jersey Democratic gubernatorial candidate, Rep. Mikie Sherrill (D-NJ) (C-L) celebrates with lieutenant gubernatorial candidate Dale Caldwell (C-R) after their win during an election night watch party at the Hilton East Brunswick Hotel on November 4, 2025 in East Brunswick, New Jersey. Sherrill defeated Republican assembly member Jack Ciattarelli in a tightly contested race for New Jersey governor. (Photo by Eduardo Munoz Alvarez/Getty Images)
Mikie Sherrill, Democratic candidate for New Jersey governor, celebrates with running mate Dale Caldwell after defeating Republican Jack Ciattarelli in a closely contested race at an election night watch party on November 4, 2025, at the Hilton East Brunswick Hotel in East Brunswick (Photo by Eduardo Munoz Alvarez/Getty Images)

Responding to questions about the suit, Sherrill said on Tuesday, February 24, “What I think the federal government needs to be focused on right now, instead of attacking states like New Jersey working to keep people safe, is actually training their ICE agents.”

Federal immigration agents led by Chief Patrol Agent Gregory Bovino of the El Centro Sector for U.S. Customs and Border Protection make arrests across the far north side of the city on October 31, 2025, in Chicago, Illinois. The operation is part of President Donald Trump's administration's
Federal immigration agents, led by Chief Patrol Agent Gregory Bovino of the El Centro Sector for US Customs and Border Protection, conducted arrests across Chicago’s far north side on October 31, 2025. The operation is part of Trump’s 'Operation Midway Blitz,' an ongoing immigration enforcement surge in the Chicago region (Photo by Jamie Kelter Davis/Getty Images)

New Jersey’s acting attorney general, Jennifer Davenport, criticized the legal challenge, saying the Trump administration was “wasting its resources on a pointless legal challenge.”

She added that the state would contest the lawsuit and “continue to ensure the safety of our state’s immigrant communities.” The case represents the latest clash between the administration and states or municipalities that have enacted policies limiting cooperation with federal immigration authorities.

DOJ filed lawsuit last April against four New Jersey cities over ‘Sanctuary’ policies

In a separate action last April, the Trump administration filed a lawsuit against four New Jersey cities, Newark, Hoboken, Jersey City and Paterson, alleging they were operating as so-called sanctuary jurisdictions and obstructing federal immigration enforcement.

The suit, filed in federal court in New Jersey, names the municipalities along with their city councils and mayors as defendants.U.S. President Donald Trump joined by Attorney General Pam Bondi delivers remarks during a cabinet meeting at the White House on March 24, 2025 in Washington, DC. This is Trump's third cabinet meeting of his second term, and it focused on spending cuts proposed by the Department of Government Efficiency (DOGE). (Photo by Win McNamee/Getty Images)

Trump, joined by Pam Bondi, delivers remarks at a White House cabinet meeting on March 24, 2025, in Washington, DC. The third cabinet meeting of Trump’s second term focused on spending cuts proposed by the Department of Government Efficiency (Photo by Win McNamee/Getty Images)

According to court documents, the cities’ policies deny federal immigration agents access to undocumented immigrants held in local custody, limit the ability of local officers to transfer individuals to federal authorities, and prohibit officers from sharing certain information with immigration officials.

"The express purpose and clear effect of these policies is to thwart federal immigration enforcement," the lawsuit said, asking the court to prevent the cities from continuing to enforce the measures.

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