A federal judge in New Jersey has recently struck down AB 5207, a law that banned the detention of individuals for violating civil immigration laws, ruling it as unconstitutional. U.S. District Judge Robert Kirsch held that the law, when applied to private prison operators, is a violation of the Supremacy Clause of the U.S. Constitution.
Judge Kirsch applied the ruling particularly to the private prison operator, CoreCivic. This company partners with state and federal governments to operate private prisons, primarily for detaining U.S. asylum seekers and undocumented individuals. According to the judge, the Supremacy Clause prevents the judiciary from validating state laws that interfere with federal laws. In this particular context, it appeared that New Jersey’s ban was an effort to supersede an area of law that should be governed by the federal government.
The judge expressed agreement with the U.S. Supreme Court’s consistent reliance on the Supremacy Clause to invalidate state laws that dictate how the federal government carries out its federal functions. Based on that standpoint, Kirsch concluded that AB 5207, a state law that fundamentally deprives the federal government of its selected method of detaining individuals for violating federal law, cannot withstand scrutiny under the Supremacy Clause.
Passed in 2021, AB 5207 prohibited entities like CoreCivic from making prospective contracts to own or operate facilities in New Jersey that detain individuals for violating civil immigration law. The law prompted CoreCivic to file a lawsuit since their contract with the U.S. Immigration and Customs Enforcement (ICE) was due to expire on August 31. With AB 5207 in effect, it would be illegal for CoreCivic and ICE to renew their contract, pushing CoreCivic to request a federal court to invalidate the New Jersey ban.
Under federal law, 8 U.S.C. § 1231 allows ICE to establish the “appropriate places of detention” for individuals detained for civil immigration violations. This federal law also requires ICE to “consider the availability for purchase or lease” of detention facilities prior to building one. Judge Kirsch found AB 5207 to be in conflict with these requirements enshrined in federal law, and declared it unconstitutional as it relates to CoreCivic’s operation. Consequently, the court also permanently enjoined New Jersey’s ability to enforce the law against CoreCivic in terms of its engagement with ICE.
In the wake of the ruling, New Jersey Attorney General Matt Platkin has announced an intention to appeal the decision.