Broad New Jersey Coalition Requests to Join as Friend of the Court in Support of Limiting Use of State Property for Federal Civil Immigration Enforcement

The ACLU of New Jersey and Democracy Defenders Fund, on behalf of the ACLU-NJ and 19 organizations representing a broad range of New Jersey communities, have filed a request to appear as amicus curiae supporting the State of New Jersey in U.S. v. New Jersey, a lawsuit brought by the United States challenging Gov. Sherrill’s Executive Order 12, which limits the use of state property and resources for the purposes of federal civil immigration enforcement. The executive order, signed in February, was issued in response to escalating and violent immigration enforcement tactics by Immigration and Customs Enforcement (ICE).

Executive Order 12 prohibits federal civil immigration enforcement authorities from accessing “non-public State property” for the purpose of civil immigration enforcement without a warrant and prohibits them from using any State property for staging activities or as an operations base for civil immigration enforcement activities.

“Gov. Sherrill’s executive order was an appropriate and constitutional response to the Trump administration’s escalating and brutal attacks against our immigrant communities,” said ACLU-NJ Legal Director Jeanne LoCicero. “It is imperative for states to be able to ensure its residents can access essential state services without fear or intimidation by federal agents.”

The brief argues that without the executive order in place, large portions of immigrant populations living in New Jersey would be deprived of access to hospitals, schools, and law enforcement authorities, and many naturalized citizens or U.S. citizen members of mixed-status families would be intimidated from registering to vote.

“Executive Order 12 is vital to a healthy democracy because it promotes communities' access to essential services like voter registration, health care, and education,” said Pooja Chaudhuri, Deputy Legal Director and Senior Counsel at the Democracy Defenders Fund. “If public spaces such as motor vehicle commission offices where people are automatically registered to vote, public colleges, state police stations, and health care facilities are turned into sites of indiscriminate federal immigration enforcement, many community members will understandably avoid those services for fear that they or their loved ones could become enforcement targets. That kind of chilling effect would undermine public safety, public health, and civic participation. Everyone – including immigrant families – must be able to feel safe, empowered, and free to live their lives without constant fear.”

The community organizations represent or advocate on behalf of a wide range of New Jersey residents, including immigrants, children and faith communities. The full list includes: ACLU of New Jersey; Asian Americans and Pacific Islanders of New Jersey; Casa de Esperanza; Deportation & Immigration Response Equipo; Faith in New Jersey; First Friends of New Jersey and New York; La Casa de Don Pedro, Inc.; League of United Latin American Citizens; Make the Road States, dba Make the Road New Jersey; New Jersey Citizen Action; New Jersey Consortium for Immigrant Children; New Jersey Policy Perspective; New Jersey Public Education Coalition; Northern New Jersey Sanctuary Coalition; Resistencia en Accion New Jersey; Reformed Church of Highland Park Affordable Housing Corporation; SPAN Parent Advocacy Network; Unitarian Universalist FaithAction New Jersey; Volunteer Lawyers for Justice; and Wind of the Spirit.