New Jersey's ban on privately operated ICE detention centers struck down by court
A U.S. appeals court struck down a law in New Jersey that prevented the federal government from contracting with private firms to operate immigration detention centers across the state.
The court’s 2-1 ruling marked a victory for President Donald Trump and his administration during their ongoing illegal immigration crackdown across the country.
One of the Trump administration's efforts has been to expand a network of detention centers in preparation for the deportations of dangerous illegal aliens.
The court’s ruling also means CoreCivic Corp., a private prison firm, can continue to operate the Elizabeth Contract Detention Facility, which is one of the centers ramping up deportations.
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In the decision, U.S. Circuit Judge Stephanos Bibas, who was appointed to the post by Trump, wrote, "Just as states cannot regulate the federal government itself, they cannot regulate private parties in a way that severely undercuts a federal function."
Bibas added that the law "interferes with the federal government’s core power to enforce immigration laws."
New Jersey Gov. Phil Murphy, a Democrat, signed a law in 2021 that barred CoreCivic from renewing its agreement with U.S. Immigration and Customs Enforcement (ICE) to continue operating the Elizabeth Detention Center.
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CoreCivic ultimately sued the state, resulting in a district court judge siding with the private firm. The state then appealed the ruling to the 3rd U.S. Circuit Court and received a decision counter to what it had hoped.
New Jersey Attorney General Matthew Platkin expressed disappointment about the decision in a post on X on Tuesday.
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"As recent events at Delaney Hall underscore, entrusting detention to for-profit companies poses grave risks to health and safety, and as the dissenting judge noted, States retain broad latitude to protect the health and safety of people within their borders – particularly where, as here, there is no conflict with federal legislation," Platkin wrote, in part.
Platkin added he is evaluating the next steps in the case.
CoreCivic's Ryan Gustin told Fox News Digital that the company has "played a limited but important role" in the U.S. immigration center at the Elizabeth facility for more than 25 years.
"We appreciate that we've had the opportunity to present our positions to the courts and are grateful to the 3rd Circuit Court of Appeals for reaffirming the federal government's discretion to rely on the Elizabeth Detention Center to support its vital mission," Gustin said.
Rep. LaMonica McIver, D-N.J., was hit with a federal indictment for allegedly obstructing Homeland Security agents during an incident outside the Delaney Hall immigration detention center in Newark on May 9.
McIver and two other members of Congress said they were conducting a congressional oversight visit that coincided with an immigration protest when a clash ensued with federal agents.
According to the DOJ, Newark Mayor Ras Baraka was allowed into the facility’s secured area and refused to follow federal agents' warnings to leave.
When officers tried to arrest him, McIver allegedly put her arms around the mayor and "slammed her forearm" into one officer while grabbing another and using both of her forearms to forcibly strike the second officer.
McIver has pleaded not guilty to the charges.
Fox News Digital’s Michael Dorgan and The Associated Press contributed to this report.
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