The U.S. Justice Department has initiated legal action against the state of New Jersey and its Democratic Governor, Mikie Sherrill. The lawsuit alleges that the state has broadened its sanctuary policies, hindering federal immigration efforts through a newly issued executive order.

Filed on Monday, the lawsuit takes aim at Executive Order No. 12. This order restricts U.S. Immigration and Customs Enforcement (ICE) and other federal immigration authorities from making secure arrests of undocumented individuals with criminal records in nonpublic areas of state property, such as state-run correctional facilities.

The legal move, targeting New Jersey and Governor Sherrill, claims that the state’s policies obstruct federal immigration enforcement.

Attorney General Pam Bondi expressed concern, stating that the policy poses risks to both federal officers and the general public.

“Federal agents are putting their lives on the line to protect the citizens of New Jersey, yet the state’s leadership is implementing measures that obstruct and jeopardize law enforcement,” Bondi commented in an official statement.

Bondi further emphasized, “States cannot intentionally interfere with our mission to deport undocumented immigrants and detain criminals—New Jersey’s sanctuary policies cannot be upheld.”

The lawsuit alleged the order unlawfully restricts cooperation with federal authorities and results in the release of “dangerous criminals” from police custody who would otherwise be subject to removal.

According to the complaint, those individuals include illegal aliens convicted of aggravated assault, burglary, and drug and human trafficking offenses.

Attorney General Pamela Bondi said the New Jersey policy endangers federal officers and the public. (Joe Raedle/Getty Images)

The Justice Department argued the order violates the Constitution’s Supremacy Clause by discriminating against federal immigration authorities and interfering with Congress’ immigration powers. 

The complaint said the policy bars ICE from using state prisons, courthouses, parking garages and other facilities as staging, processing or transfer sites — including for immigration detainers that allow federal agents to take custody of removable aliens in secure settings.

On her first day in office, Bondi directed the department’s civil division to identify state and local laws, policies and practices that undermine federal immigration enforcement or obstruct lawful federal operations, the DOJ said. 

Immigration and Customs Enforcement during a targeted enforcement operation. (DHS)

The department published a list of sanctuary jurisdictions on Aug. 5, 2025, before New Jersey issued its latest executive order and Bondi has vowed to bring litigation to end such policies nationwide.

The lawsuit marks the latest in a series of legal challenges filed by the Civil Division targeting sanctuary policies in states and cities, including in New York, Minnesota and Los Angeles.

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