-
Original Date Announced
February 23, 2026The 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
Trump 2.0 [ID #2219]
2026.02.11 NJ EO 12 2026.02.23 Complaint - United States v. New JerseyEffective Date
February 23, 2026Subsequent Trump and Court Action
September 4, 20262026.09.04 Opinion - United States v. New Jersey
The district court granted New Jersey’s motion to dismiss the federal government’s challenge to Executive Order 12. The court rejected preemption, holding that federal immigration law does not require states to provide their property or resources for federal immigration-enforcement; such a requirement would raise anticommandeering concerns. The court also rejected intergovernmental immunity claims, concluding that New Jersey was acting as a proprietor in controlling access to state-owned property, neither unlawfully discriminating against nor substantially interfering with the federal government. United States v. New Jersey, No. 3:26-cv-01770 (D.N.J.).
**Link to case here. See litigation note above**
View DocumentCurrent Status
NoneOriginal Trump Policy Status
Status: Final/Actual In LitigationTrump Administration Action: AdjudicationSubject Matter: Interior EnforcementAssociated or Derivative Policies
Documents
Trump-Era Policy Documents
-
New Policy
Original Source:
2026.02.11 NJ EO 12
-
New Policy
Original Source:
2026.02.23 Complaint - United States v. New Jersey
-
Subsequent Action
Original Source:
2026.09.04 Opinion - United States v. New Jersey
To provide information, corrections, or feedback, please email IPTP.feedback@gmail.com