United States v. New Jersey

Amicus brief in support of the power of the State of New Jersey to implement Executive Order that limits federal civil immigration enforcement access to and use of state-owned property.

In response to alarming ICE enforcement activities across New Jersey, the State of New Jersey made a choice: to limit the use of state property and resources for the purposes of federal civil immigration enforcement. In Executive Order No. 12 (“EO 12”), recognizing that the use of certain state properties and resources in furtherance of federal civil immigration enforcement purposes would “erode public trust in State government, and undermine public safety” by “discouraging sensitive populations from seeking essential services or discouraging their relatives or caregivers from accompanying or visiting them,” Governor Mikie Sherrill made clear the State’s policy is that “property and resources owned and controlled by the State are intended to serve the residents of New Jersey.”

The U.S. Department of Justice sued the State of New Jersey and Governor Sherrill over EO 12, which ultimately limits access to and use of state property by federal civil immigration enforcement. With co-counsel Democracy Defenders Fund, the ACLU-NJ joined 19 other community organizations, in submitting an amicus brief explaining how EO 12 makes New Jersey communities safer and more welcoming for immigrants by ensuring that amici’s members—and all within the boundaries of the state—can use state facilities without fear that they will double as staging grounds for sweeping civil immigration enforcement. EO 12 safeguards immigrants’ and others’ ability to access voter registration services at motor vehicle commissions, obtain health care at state hospitals and mental health institutions, seek assistance from law enforcement, and pursue education at public universities and colleges, to name but a few examples. Access to these services is critical to promoting healthy, safe, and democratic communities across the state.

Amici represent or advocate on behalf of a wide range of New Jersey communities, including immigrants, women, religious communities, youth, and people living in poverty:

• 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

• Wind of the Spirit