New Jersey Law Banning ICE Detention Facilities Ruled "Unconstitutional" by Federal Judge

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In a decision that has stirred controversy in legal and political circles, federal judge Robert Kirsch ruled that New Jersey's law banning private detention facilities for immigrants is "unconstitutional." The ruling rests on the argument that the federal government holds "broad and unquestionable power" over immigration and the status of aliens, as established by the U.S. Constitution.

Background on the Law

In August 2021, New Jersey Governor Phil Murphy signed Bill AB 5207 into law. The legislation aimed to prohibit the renewal, expansion, or activation of new agreements with privately operated ICE detention centers. These facilities are where immigrants are held while awaiting their court hearings and facing the possibility of removal. With this law, New Jersey became the fifth state to limit or ban such contracts. At the time, the federal government was paying approximately $120 per day for each immigrant held in an ICE facility.

Arguments in the Ruling

In his 41-page ruling, Judge Kirsch sided with the arguments presented by the Department of Justice (DOJ) and CoreCivic, a private prison operator. The judge cited the Constitution's Supremacy Clause, which bars states from overriding federal statutes. Kirsch argued that if New Jersey has objections to how the federal government manages detention, it should raise those concerns through elected representatives and federal elections.

The judge also noted that, if enforced, New Jersey's law would close the last facility in the state accessible to ICE. Such an outcome would be a direct blow to the federal government's immigration policy, since the federal government alone is responsible for enforcing civil immigration law.

Reactions to the Ruling

Judge Kirsch's decision was not well received by everyone. The American Friends Service Committee (AFSC) criticized the ruling, arguing that it favors CoreCivic, a private prison corporation. The organization noted that the decision came just before CoreCivic's contract with ICE to operate the Elizabeth Detention Center was set to expire.

Araceli Argueta, AFSC's director of organizing and advocacy, said that CoreCivic — which has a documented history of abuses — earned $552 million in 2021 through its ICE contracts. Serges Demefack, coordinator of AFSC's Black Immigrant Justice Project, called the decision a "devastating setback" for immigrant communities.

For its part, ICE has stated that conditions at its detention facilities have improved since the Trump administration. The agency affirmed its commitment to ensuring safe and humane environments for detainees and noted that it has closed or downsized several facilities since January 2021.

Judge Kirsch's ruling reignites the debate over the role of states in immigration policy and the tension between state and federal law. While some view the decision as a defense of federal authority, others see it as a setback for immigrant rights. One thing is certain: this issue will remain highly relevant in the U.S. political and legal landscape.