A federal appeals court on Tuesday overturned a New Jersey law that sought to block private companies from partnering with the U.S. government to run immigration detention centers, dealing a legal blow to the state and a win for federal immigration enforcement efforts.
The 2-1 decision by the 3rd U.S. Circuit Court of Appeals clears the way for CoreCivic Corp. to continue operating the Elizabeth Detention Center. It also reinforces the federal government’s authority to delegate immigration enforcement to private contractors, despite state-level opposition.
“Just as states cannot regulate the federal government itself, they cannot regulate private parties in a way that severely undercuts a federal function,” wrote Circuit Judge Stephanos Bibas, a Trump appointee. He concluded that the New Jersey statute “interferes with the federal government’s core power to enforce immigration laws.”
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The now-invalidated 2021 law, signed by Democratic Governor Phil Murphy, prohibited companies like CoreCivic from renewing contracts with Immigration and Customs Enforcement (ICE). CoreCivic challenged the law in court, and after a lower court sided with the company, the state escalated the case to the appellate level.
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The ruling is being viewed as a boost for Trump administration‘s immigration policy, which heavily relied on expanding detention capacity across the country to fast-track deportations.
In response, New Jersey Attorney General Matthew Platkin criticized the decision on social media and suggested further legal action may be forthcoming. “As recent events at Delaney Hall underscore, entrusting detention to for-profit companies poses grave risks to health and safety,” he said, referencing public outcry over reported conditions at the newly opened Newark facility.
The Delaney Hall facility has been at the center of growing controversy. In May, U.S. Rep. LaMonica McIver, a Democrat, was charged by the Trump Justice Department with assaulting federal immigration officers during a visit to the site. McIver has denied the charges. Newark Mayor Ras Baraka, who was also arrested at Delaney Hall for trespassing, a charge that was later dropped, has since filed a malicious prosecution lawsuit.
In a statement released after the ruling, CoreCivic reiterated its limited role in immigration enforcement. “Our responsibility is to care for each person respectfully and humanely while they receive the legal due process that they are entitled to,” said spokesperson Ryan Gustin. “We do not make arrests or enforce immigration laws.”
