Judge throws out federal suit against 4 N.J. ‘sanctuary’ cities
Justice Department lawyers had sued the mayors and City Council members of Newark, Jersey City, Hoboken, and Paterson last month.
A federal judge on Wednesday tossed out a lawsuit filed by the Justice Department that accused four New Jersey cities of having “sanctuary” policies that shield immigrants in the U.S. illegally from federal immigration enforcement.
Justice Department lawyers had sued the mayors and City Council members of Newark, Jersey City, Hoboken, and Paterson last month as tensions were rising between local governments in the Garden State and immigration authorities.
The complaint accused local officials of thwarting federal immigration enforcement by impeding access to immigrants in local custody, restricting the ability of local officers to turn over immigrants to agents, and barring “willing local officers from providing mission-critical information to federal immigration authorities.”
But Judge Evelyn Padin, who was appointed by President Joe Biden, ruled that the federal lawsuit had “a fundamental flaw” because it challenged only the cities’ policies and did not take into account an order from the state attorney general’s office, known as the immigrant trust directive, that dictates how local law enforcement officers must engage with immigration authorities.
That 2008 directive, which has been upheld by previous court rulings, was not raised in the lawsuit, Padin wrote. That means, as a legal matter, the federal government lacks the standing to file the suit.
The judge dismissed the lawsuit without prejudice, meaning the Justice Department could refile it. A spokesperson for the department did not immediately return a request for comment.
The ruling came as protesters have swarmed Delaney Hall, an immigration facility in Newark, with nearly daily demonstrations.
Local officials praised Padin’s ruling, saying the immigrant trust directive was one key to maintaining good relationships between local police agencies and immigrants without permanent legal status. Police departments depend on cooperation in immigrant neighborhoods to stop crime.
Amol Sinha, the executive director for the American Civil Liberties Union of New Jersey, wrote in a statement that the sanctuary policies “help people access public services” without fear of being detained, separated from their families and perhaps deported.
“Public safety is strengthened when people can report crimes, and public health is improved when people can seek medical care,” he said.
This article originally appeared in The New York Times.