Trump Administration Makes Big Move To Ban NJ 'Sanctuary' Policy

NEW JERSEY – The Trump administration has made a big move to change New Jersey's immigration policies, suing the state to block its rules that limit law enforcement cooperation with ICE.

The U.S. Department of Justice filed a complaint on Monday against the state, Gov. Phil Murphy, and state Attorney General Gurbir Grewal that challenges two aspects of Grewal's directive that limits cooperation with ICE.

Attorney General William Barr, speaking to the National Sheriff's Association, said the Department of Justice is taking action against New Jersey, California and Seattle, charging that these jurisdictions have allowed "criminal aliens" to "escape into the community."

Barr said these policies are created by "idealistic" public officials who have offered "misleading rhetoric" to justify the policies.

"These policies are textbook examples of misguided ideology triumphing over common sense in law enforcement," Barr said. "It is the public, and now police, that pay the price."

Grewal called the move an "election-year stunt."

In 2018, Grewal issued a "trust directive" to all state, county and local law enforcement agencies in New Jersey limiting the types of voluntary assistance their officers may provide to Immigration and Customs Enforcement, or ICE.

The new rules are designed to strengthen trust between New Jersey law enforcement officers and the state's immigrant communities, according to a release from the Office of Attorney General.

Immigration advocates have said they believe fear of prosecution or deportation may be hampering the efforts to find out who's responsible for the disappearance of a 5-year-old girl in South Jersey. Read more: Cops' 'Psychic' Tips In Amber Alert Probe For 5-Year-Old NJ Girl

"We know from experience that individuals are far less likely to report a crime to the local police if they fear that the responding officer will turn them over to federal immigration authorities," said Grewal. "That fear makes it more difficult for officers to solve crimes and bring suspects to justice." Read more: NJ Imposes New Rules On Turning Over Unauthorized Immigrants

ICE officials, in turn, has said it could be conducting more raids in New Jersey and elsewhere if the jurisdictions refuse to cooperate. Read more: MS-13, Murder Suspect Among 115 Busted In Major ICE Sweep In NJ

The complaint seeks to declare these aspects of Grewal's directive invalid:

• Prohibiting state officials from sharing information with U.S. Immigration and Customs Enforcement (ICE) related to the immigration status and release dates of individuals in their custody.
• Requiring New Jersey law enforcement to “promptly notify a detained individual, in writing and in a language the individual can understand,” if ICE files an immigration detainer request for the individual.

U.S. Attorney Craig Carpenito said the lawsuit "seeks to restore the balance of power between the federal and state governments."

Barr said only the federal government has authority over immigration laws.

"Today’s filed lawsuit presents important legal issues concerning whether the directive’s prohibitions and restrictions on information sharing and basic cooperation with federal officials violate the Supremacy Clause of the U.S. Constitution,” Carpenito said.