DEPARTMENT OF JUSTICE FILES SUIT TO ENJOIN TWO ASPECTS OF NEW JERSEY ATTORNEY GENERAL LAW ENFORCEMENT DIRECTIVE ON IMMIGRATION

NEWARK, N.J. – The U.S. Department of Justice filed a complaint today against the State of New Jersey, Governor Philip Murphy, and state Attorney General Gurbir Grewal challenging two aspects of New Jersey Attorney General Law Enforcement Directive 2018-6.

The complaint seeks to enjoin two aspects of the Directive and for the Court to declare these aspects of the Directive invalid. Among other things, the Directive prohibits state officials from sharing information with U.S. Immigration and Customs Enforcement (ICE) related to the immigration status and release dates of individuals in their custody. The Directive also requires New Jersey law enforcement to “promptly notify a detained individual, in writing and in a language the individual can understand,” if ICE files an immigration detainer request for the individual.

U.S. Attorney Craig Carpenito stated: “Today’s lawsuit, filed by the Department of Justice, seeks to restore the balance of power between the Federal and State governments. The complaint challenges two provisions of the Directive, which limit the situations in which local, county and state officials can provide notice to federal immigration authorities of a detained individual’s upcoming release and mandates that local, county and state officials inform detainees of certain events. Today’s filed lawsuit presents important legal issues concerning whether the Directive’s prohibitions and restrictions on information sharing and basic cooperation with federal officials violate the Supremacy Clause of the U.S. Constitution.”