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DOJ sues New Jersey over state Executive Order barring ICE from non-public areas of state property without a judicial warrant

  1. Original Date Announced

    February 23, 2026

    The Department of Justice (DOJ) filed a lawsuit to block New Jersey Governor Mikie Sherrill's Executive Order restricting ICE agents' access to non-public areas of state-owned property without a judicial warrant and barring use of such property as staging or operation sites. Governor Sherrill's order requires agencies to train staff on these rules, but makes clear that it does not block enforcement of state criminal laws, compliance with legal obligations or leases, participation in certain joint task forces unrelated to civil immigration enforcement, or access to public areas.

    DOJ argues that the Order violates the Supremacy Clause by obstructing federal immigration enforcement. The complaint alleges that the Order unlawfully discriminates against and regulates the federal government and is preempted by federal law. It seeks declaratory and injunctive relief prohibiting defendants from enforcing or implementing the Order.

    **Link to case here. Our litigation entries generally report only the initial complaint and any major substantive filings or decisions. For additional information, CourtListener provides access to PACER and all available pleadings. Other sites that track litigation in more detail or organize cases by topic include Civil Rights Clearinghouse, Justice Action Center, National Immigration Litigation Alliance, and Just Security**

    2026.02.11 NJ EO 12 2026.02.23 Complaint - United States v. New Jersey
  2. Effective Date

    February 23, 2026

Current Status

None

Original Trump Policy Status

Trump Administration Action: Adjudication
Subject Matter: Interior Enforcement
Agencies Affected: DOJ DHS ICE

Associated or Derivative Policies

Documents

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