New Jersey Pushes Back Hard Against Trump DOJ Over ICE Property Use Order

The Sherrill administration is not backing down in its fight against the Trump administration’s attempts to muscle New Jersey into facilitating federal immigration enforcement. On Friday, New Jersey’s Attorney General Jennifer Davenport filed a motion to dismiss the Department of Justice’s lawsuit challenging Governor Sherrill’s Executive Order No. 12, which bars ICE and other federal agents from using state-owned property—like parking lots and parkways—to conduct civil immigration operations.

The Trump DOJ sued earlier this year, claiming that the state’s order violates the Constitution’s Supremacy Clause by interfering with federal immigration enforcement. But Davenport’s office fired back, arguing that the federal government is trying to “commandeer the State and its properties for federal service,” which the Constitution and the Tenth Amendment explicitly forbid.

“All of these claims fail because they represent an unconstitutional effort by the Federal Government to commandeer the State and its properties for federal service,” the motion states. “Our Constitution, including the Tenth Amendment, makes clear the Federal Government bears responsibility for enforcing its laws and programs; it cannot force States to participate in or facilitate its efforts.”

This legal standoff puts a spotlight on a broader pattern of Trump-era executive actions that attempt to bypass Congress and state authority, pushing federal agencies to impose immigration crackdowns without local cooperation. While federal law enforcement generally cannot be blocked outright from doing their jobs, states are not legally required to actively cooperate or provide resources.

Federal District Judge Georgette Castner is expected to rule on the motion before the end of the month, setting the stage for a critical test of state sovereignty versus federal immigration enforcement power.

New Jersey’s move to quash this lawsuit is a clear message: states will resist authoritarian overreach and defend their right to protect residents from aggressive ICE tactics. This fight is about more than parking lots—it’s about preserving democratic norms and preventing the Trump administration from weaponizing federal agencies against communities.