In a Victory for Immigrants’ Rights, District Court Dismisses DOJ’s Challenge to Gov. Sherrill’s EO Limiting Use of State Property for Federal Civil Immigration Enforcement 

For Immediate Release: September 4, 2026

NEWARK– The U.S. District Court for the District of New Jersey today dismissed the U.S. Department of Justice’s lawsuit against New Jersey and Governor Sherrill challenging 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 violent immigration enforcement tactics by Immigration and Customs Enforcement (ICE).

The ACLU of New Jersey and Democracy Defenders Fund filed a friend-of-the-court brief on behalf of 20 community organizations in support of Executive Order 12, arguing that the policy makes New Jersey communities safer and more welcoming for immigrants by ensuring that all residents can use state facilities without fear or intimidation by federal agents.

“All New Jerseyans deserve to feel safe when they enter state-owned property, and New Jersey has the authority to ensure that safety,” said Jeanne LoCicero, legal director for the ACLU of New Jersey. “With the dismissal of this lawsuit, New Jersey can continue to use state resources to promote healthy and democratic communities. We will continue to work to protect and defend the safety and well-being of all people – because everyone should have the freedom to live the lives they want to live in the place they call home.”

“This ruling protects the trust our communities depend on,” said Pooja Chaudhuri, deputy legal director and senior counsel at the Democracy Defenders Fund. “When people can access essential services and engage with government without fear, everyone is safer and our communities are stronger. We applaud this decision and will continue fighting to protect constitutional rights and ensure our institutions remain open and accessible to all.”

“At First Friends, we see every day the fear and harm caused by immigration enforcement in our communities,” said First Friends of New Jersey and New York. “Families are separated, people are afraid to seek help, and many avoid essential services because they fear encountering ICE. State and local governments have a duty to use their authority to protect their communities and ensure that public institutions can be places of trust, not fear. We are grateful that New Jersey is defending its ability to do exactly that.”

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The ACLU of New Jersey has defended liberty and justice guided by the vision of a fair and equitable New Jersey for all since our founding in 1960. Our mission is to preserve, advance, and expand the individual rights and liberties guaranteed by the state and federal constitutions in courts, in the legislature, and in our communities. We strive to be anti-racist and are actively committed to advancing racial justice for the people of New Jersey. We are a non-partisan organization that operates across political, legal, and cultural fronts to bring about change and build a more equitable society. www.aclu-nj.org