Federal judge says New Jersey law banning immigrant detention contract with private operator unconstitutional

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Federal judge says New Jersey law banning immigrant detention contract with private operator unconstitutional
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The legal challenge put Phil Murphy — a progressive who once proclaimed New Jersey a “sanctuary” state for immigrants — at odds with the Biden administration.

wrote earlier this summer that the law would be “catastrophic” to federal immigration authorities.

In a statement, Michael Symons, a spokesperson for the Attorney General’s office, said that “private detention facilities threaten the public health and safety of New Jerseyans, including when used for immigration purposes.” “A state law that wholesale deprives the federal government of its chosen method of detaining individuals for violating federal law cannot survive Supremacy Clause scrutiny,” the judge wrote. “[The law] would impose on the United States an intolerable choice between either releasing federal detainees or carrying out detention in an entirely novel way.”

“For nearly three decades, the [Elizabeth Detention Center] has faced lawsuits, complaints, and media reports alleging inhumane conditions, including physical and verbal assault and poor medical and sanitary conditions,” Rep. said in a statement. “With this ruling, immigrants detained at the EDC will continue to be at risk of the shameful conditions that have stained this facility and harmed our community members.

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