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U.S. v. State of New Jersey et al.

When Attorney General Grewal issued the Immigrant Trust Directive in 2018, he drew clear lines between state and local law enforcement on the one hand, and federal immigration authorities on the other hand. The Immigrant Trust Directive protects the safety, health, and well-being of all New Jerseyans by ensuring that immigrants and their loved ones can go about their daily lives and interact with state and local public services without fear.

In February 2020, the United States filed a lawsuit against the State of New Jersey, Governor Philip D. Murphy, and Attorney General Gurbir S. Grewal arguing that the Supremacy Clause of the United States Constitution does not permit New Jersey to enact a policy like the Immigrant Trust Directive.

On June 25, 2020, the ACLU of New Jersey filed a friend-of-the-court brief on behalf of 41 community organizations supporting New Jersey’s motion to dismiss the case. The brief explained that the Immigrant Trust Directive is a policy that protects both public safety and public health for all New Jerseyans, and that the United States Constitution permits New Jersey to decline to assist the federal government with its immigration enforcement work.

Status

The motion requesting leave to file a friend-of-the-court brief and the proposed brief on behalf of 41 community organizations were both filed on June 25, 2020.

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