A Biden-appointed judge ruled that New Jersey’s law banning the renewal of a private immigration detention contract is “unconstitutional,” according to a Tuesday court filing.
U.S. District Court Judge Robert Kirsch ruled that the detention facility, located in Elizabeth, New Jersey, and run by the independent company CoreCivic, can remain open days before its contract is set to end, according to the court filing. Earlier this year, CoreCivic sued over a law Democratic New Jersey Gov. Phil Murphy signed in 2021 prohibiting new and extended contracts between federal authorities and state, local and private entities.
CoreCivic argued that the law violated the “Supremacy Clause” by stopping the federal government, through Immigration and Customs Enforcement (ICE), from renewing the contract, according to the court filing.
“The detention of any person — whether by the federal or State government, in a state-run or privately-run facility — raises health and safety concerns. However, New Jersey’s disagreement with the manner in which ICE detains individuals for civil immigration violations, or that the federal government detains individuals for civil immigration violations at all, does not permit AB 5207’s intrusion into this uniquely federal function,” the judge wrote. “If New Jersey objects to how the federal government carries out its detention operations, it should use its voice, through its nationally elected representatives and federal elections, to make its objection heard.”
Murphy’s office is “disappointed” by Krisch’s decision, according to Politico.
“The Governor is pleased that the rest of the law that applies to public entities remains intact,” Murphy spokesman Tyler Jones said. “He understands that the Attorney General’s Office will appeal today’s decision and seek to reinstate the entirety of the law.”
“CoreCivic plays a valued but limited role in America’s immigration system, which we have done for every administration — Democrat and Republican — for nearly 40 years, including more than 20 years at Elizabeth Detention Center,” CoreCivic Director of Public Affairs Ryan Gustin said of the latest ruling, according to Politico. “Our sole job has been and continues to be to help the government solve problems in ways it could not do alone — to help manage unprecedented humanitarian crises, dramatically improve the standard of care for vulnerable people, and meet critical public safety needs efficiently and innovatively.”
There were 235 illegal immigrants detained in the Elizabeth Detention Center as of Monday, ICE spokesperson Emilio Dabul told Politico.
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