NJ vs. Trump: What the DOJ Lawsuit Means for Gov. Sherrill’s Immigration Policy

The Trump administration is suing New Jersey over a state policy that limits federal immigration activity on state property.

The Department of Justice (DOJ) announced the lawsuit Tuesday, alleging that Governor Mikie Sherrill’s Executive Order 12 “interferes with the federal government’s enforcement of its immigration laws.”

New Jersey’s Acting Attorney General Jennifer Davenport fired back in a statement, calling the lawsuit a “pointless legal challenge” and a waste of federal resources. 

“Under Governor Sherrill’s leadership, New Jersey will continue to ensure the safety of our state’s immigrant communities,” Davenport said. “We look forward to defending this executive order in court.”

The legal battle centers on Executive Order 12, signed Feb. 11. Since the start of President Donald Trump’s second term, U.S. Attorney General Pam Bondi has directed the DOJ’s Civil Division to flag any state-level practices that undermine federal immigration enforcement or provide a workaround for existing national mandates. 

This is not the first time the administration has targeted New Jersey’s Democratic leadership. In 2020, the first Trump administration sued the state over similar policies that restricted local law enforcement’s cooperation with federal agents.

The current friction is further complicated by ongoing legal battles involving other New Jersey leaders. Bondi’s DOJ is currently pursuing federal assault charges against Rep. LaMonica McIver (D-10th), stemming from a May 2025 visit to Delaney Hall. While Newark Mayor Ras Baraka was also arrested during that same incident, charges against him were eventually dropped.

State legal experts note that New Jersey’s policies, including the newly signed Safe Communities Act, were specifically crafted to withstand federal scrutiny. Advocates argue the latest lawsuit is a targeted strike against states that resist federal immigration priorities. Amol Sinha, Executive Director of the ACLU of New Jersey, defended the Sherrill’s order as “legally sound.”

“The Trump administration has weaponized the Department of Justice to target policies safeguarding fundamental rights hoping it will scare other states from taking similar action,” Sinha said. “But New Jersey has repeatedly shown it will not be intimidated by a federal administration intent on abusing its power.”