New Jersey's Ban on Private ICE Detention Centers Overturned by Appeals Court

In a significant legal setback for New Jersey, a U.S. appeals court has overturned a state law that barred the federal government from partnering with private companies to run immigration detention centers. The 2-1 ruling is a clear win for federal authority in immigration enforcement, reinforcing the government's ability to utilize private facilities like the Elizabeth Contract Detention Facility, operated by CoreCivic Corp.

This decision aligns with broader efforts to expand detention capacity amid a nationwide push to deport individuals deemed dangerous. U.S. Circuit Judge Stephanos Bibas emphasized the ruling's importance, stating that states cannot interfere with the federal government's core responsibility to enforce immigration laws. This isn’t just a legal win; it’s a reminder that federal power in this arena remains paramount.

New Jersey’s law, signed by Governor Phil Murphy in 2021, aimed to block CoreCivic from renewing its contract with U.S. Immigration and Customs Enforcement (ICE). After a district court initially sided with CoreCivic, the state’s appeal to the 3rd U.S. Circuit Court fell short. Attorney General Matthew Platkin voiced his frustration, pointing to health and safety concerns with for-profit detention centers and hinting at further legal steps.

Meanwhile, CoreCivic expressed gratitude for the court’s reaffirmation of their role in supporting federal immigration efforts at the Elizabeth facility, a role they’ve played for over 25 years. On the flip side, the ruling comes amid heightened tensions, including a recent incident involving Rep. LaMonica McIver, D-N.J., who faces federal charges for allegedly obstructing Homeland Security agents during a protest-related clash outside another Newark detention center. McIver has pleaded not guilty.

This case isn’t just about detention centers; it’s a battle over who gets to call the shots on immigration policy—states or the feds. And for now, the feds have the upper hand.