Erin Lanahan The arrival of Immigration and Customs Enforcement agents in New Jersey at the start of 2026 has prompted Governor Mikie Sherill and other local leaders to take action and restrict some of the access federal agents have in the State. Governor Sherill’s Executive Order prohibiting federal agents from accessing non-public areas of state property is now the subject of a lawsuit from the Department of Justice. Still, it remains unclear how often, if at all, federal agents were using state and municipal property to conduct immigration enforcement activities. Plus, two New Jersey Assembly members introduced legislation with a harsh message, and while it hasn’t been voted on yet, looking to create a civil lawsuit option for residents who feel their constitutional rights have been violated by ICE. There’s a lot of information out there about the presence of federal agents in New Jersey, so The Local Girl is taking a deeper dive to see what it all means. Here’s what we know about the current executive order in New Jersey, the legal action being taken by the Trump Administration, and pushback over plans for an ICE detention facility in Roxbury.
The United States of America vs. The State of New Jersey
The Department of Justice (DOJ) announced it filed a lawsuit against Governor Mikie Sherrill and the State of New Jersey in an online press release on February 24th, 2026.
The lawsuit centers on Governor Sherrill’s February 11th Executive Order, which prohibits federal agents, like ICE agents, from conducting arrests of criminal illegal aliens at nonpublic areas of state property, such as state correctional facilities. The DOJ claims New Jersey’s sanctuary policies are illegal under federal law. It also claims the State’s refusal to cooperate with federal agents would result in the release of dangerous criminals who would be subject to removal, including “illegal aliens convicted of aggravated assault, burglary, and drug and human trafficking.”
“Federal agents are risking their lives to keep New Jersey citizens safe, and yet New Jersey’s leaders are enacting policies designed to obstruct and endanger law enforcement,” Attorney General Pamela Bondi shared online. “States may not deliberately interfere with our efforts to remove illegal aliens and arrest criminals — New Jersey’s sanctuary policies will not stand.”
Read More: Several Hudson County Municipalities Take Action to Restrict ICE Activities
Governor Sherrill addressed the lawsuit on Tuesday, February 24th, during an unrelated press conference. “I think what the federal government needs to be focused on right now, instead of attacking states like New Jersey working to keep people safe is actually training their ICE agents with some modicum of training, like any law enforcement officer in the state of New Jersey would have, so they can operate better and more safely,” Governor Sherrill shared, per POLITICO.
New Jersey’s acting attorney general, Jennifer Davenport, said the Trump administration was “wasting its resources on a pointless legal challenge.” Davenport told NBC News New Jersey will fight the lawsuit and “continue to ensure the safety of our state’s immigrant communities.”
The lawsuit is part of Attorney General Pamela Bondi’s initiative to identify state and local laws, policies, and practices that violate federal immigration laws or block federal immigration operations. The legal action is the latest in a series of lawsuits brought by the Civil Division targeting illegal sanctuary city policies across the United States, including in New York, Minnesota, and Los Angeles, California. In May of 2025, the Trump Administration sued four New Jersey cities, Newark, Jersey City, Paterson, and Hoboken, over similar policies.
Hoboken was one of the first cities in New Jersey designated as a Fair + Welcoming City. That designation goes to municipalities that adopt policies, commonly known as sanctuary policies, to make sure residents, regardless of immigration status, race, or background, have equal access to services and protections.
Former Mayor Ravi Bhalla made the designation when he signed an executive order on his first day in office in 2018. In August 2025, Mayor Bhalla received a letter from U.S. Attorney General Pam Bondi that said these policies “thwart federal immigration enforcement to the detriment of the interests of the United States.” The Attorney General threatened potential loss of federal funding and possible criminal charges if local officials obstruct federal investigations.
A month later, the Hoboken City Council adopted the Hoboken Trust Act, an ordinance that codified Hoboken’s commitment to being a Fair and Welcoming City for all residents, regardless of immigration status.
The law made the protections established under the 2018 executive order permanent. It ensures Hoboken won’t use local resources to assist in federal civil immigration enforcement, and it will prohibit bias-based profiling. It also guarantees equal access to municipal services for all community members. The lawsuit from the DOJ is still pending.
As mentioned, Jersey City was also part of that lawsuit. Former Mayor Steven M. Fulop shared this statement with HG in 2025: “This will be addressed in the ongoing litigation where the city will be seeking dismissal of the entire Complaint. The Trump administration has been filing these lawsuits across the country, and a similar complaint filed against the City of Chicago was just dismissed last month.” The case is still pending.
Legislation From Hudson County Representatives
Two Democratic lawmakers representing Hudson County introduced legislation called the Fight Unlawful Conduct and Keep Individuals and Communities Empowered Act, or F*CK ICE Act. It aims to limit federal immigration enforcement activities, creating a new civil lawsuit option for people whose constitutional rights were violated in relation to federal immigration enforcement activities in New Jersey. It’s in response to concerns about the presence of ICE in New Jersey.
Under the proposed law, someone could receive higher damages in a lawsuit if federal immigration agents: wore masks to hide their identity, didn’t show badges or identify themselves, didn’t use body cameras when required, used unmarked or out-of-state vehicles, deployed weapons like tear gas or rubber bullets, or violated court orders. However, agents can still claim “qualified immunity,” a legal protection that often shields government officials from lawsuits unless they clearly violated established constitutional rights.
Assemblymembers Katie Brennan and Ravi Bhalla sponsored the act.
In a statement shared with HG, Representative Brennan said, “Right now we have masked ICE agents blatantly breaking the law and violating people’s constitutional rights without facing any consequences. This bill changes that. States have real power, so this is about using the leverage we have to protect our communities and keep everyone safe. As for the name, all credit goes to Senator Raj Mukherji. We think it captures how a lot of people in New Jersey are feeling right now.”
In a post online, Representative Bhalla shared, “Actions have consequences. If ICE agents are going to break our laws and terrorize our communities, they must be held accountable and brought to justice. Our bill would expand the right of victims to sue ICE for violating their constitutional rights.”
This bill was introduced on February 24th, 2026, and hasn’t been voted on yet. It would need to pass both the Assembly and Senate, then be signed by the Governor to become law.
The Proposed Detention Center In Roxbury, NJ
At the end of February 2026, Governor Sherrill shared her opposition to Department of Homeland Security (DHS) plans that would convert a warehouse in Roxbury, NJ, into an ICE detention facility. The federal government spent $129.3 million on the 470,000-square-foot industrial warehouse, according to documents obtained by NJ.com. It’s reportedly planning to hold up to 1,500 detainees.
“DHS’s lack of communication and transparency with Roxbury in its acquisition of the site is inexcusable,” Governor Sherrill wrote in an open letter to DHS Secretary Kristi Noem. “The people of Roxbury deserve better than to learn of a plan to place an immigration detention facility in their community through a newspaper article. When Roxbury officials attempted to engage DHS to confirm the existence of such a plan, they received no reply.”
The Roxbury Township Council has unanimously opposed the plans, citing projected strain on local infrastructure, the environment, and the economy.
Governor Sherrill shared her concerns about the treatment of detainees in similar facilities across the country, citing reports of spoiled food, undrinkable water, overcrowding, and lack of medical care. She says the State of New Jersey will explore all options to protect the community’s interests, safety, and constitutional rights.
“In short, DHS’s treatment of human beings, citizen and non-citizen alike, reflects a chilling disregard for both human life and the rule of law,” wrote Governor Sherrill. “New Jersey will not be complicit in this.”
On March 20th, 2026, the New Jersey Attorney General’s office announced that the State of New Jersey and Roxbury Township are jointly suing US Immigration and Customs Enforcement and the US Department of Homeland Security to halt their plans to convert the warehouse into an immigration detention facility. The suit claims ICE plans to convert and operate the detention center without addressing concerns about water, sewage, and public safety.
“The safety and well-being of New Jerseyans will always be my top priority, and the Trump Administration’s plans for a detention facility in Roxbury will not make our residents safer. Instead, this facility will overburden local services and infrastructure. These types of facilities also have a long track record of abuse, mistreatment, and unsafe conditions. This is not a partisan issue – Republican leaders in the community are similarly against this facility. That is why we are joining with Roxbury to stop this facility to protect the community and our Constitution,” said Governor Mikie Sherill in a statement.
“Federal laws require—and our State and towns deserve—that DHS and ICE consult with the State and the Township on major projects in their backyard. Instead, DHS and ICE are ramming through a secretive purchase and rushed renovation. We will not allow these ill-considered plans to happen. We have partnered with the Township of Roxbury, relying on the Township’s crucial local knowledge and efficiently combining our resources for this important bipartisan fight,” said Attorney General Jennifer Davenport in a statement.
“This case isn’t about the environment. It’s about trying to stop President Trump from making America safe again,” an ICE spokesperson told NBC4NY. “The left didn’t care about the mountains of litter that illegal aliens dropped on ranches and riverbeds during Biden’s border crisis. They’re feigning concern now because they want those same illegal aliens to stay forever and vote here. Prior to purchasing this site, ICE carefully evaluated the use of existing facilities to help minimize environmental impacts, including potential impacts to protected species, sensitive natural resources, and valued cultural resources.”
New Legislation Limiting Immigration Operations In NJ
Governor Mikie Sherrill signed three bills into law limiting ICE operations throughout New Jersey on March 25th, 2026.
The legislation bans ICE agents from wearing masks, establishes the “Privacy Protection Act,” and codifies the “Strengthening Trust Between Law Enforcement and Immigrant Communities” directive put in place by the state Attorney General.
NJ 3521 codifies the “Strengthening Trust Between Law Enforcement and Immigrant Communities” directive put in place by the state Attorney General. The directive prohibits state, county, and municipal officers from stopping or detaining anyone solely based on immigration status. Officers also cannot ask about immigration status unless it’s directly relevant to a criminal investigation. There are exemptions, such as police can still enforce NJ criminal law and comply with valid judicial warrants. Police can also notify federal authorities about a detainee’s release, but only if the person has been charged or convicted of a serious violent crime, has a recent criminal conviction, or is subject to a court-ordered deportation.
The goal is for immigrant residents to report crimes and cooperate with police without fear of deportation.
NJ 3114 requires law enforcement officers to reveal facial identity and to present sufficient identification prior to arresting or detaining someone. There are exceptions, such as when an officer is undercover or if “a law enforcement officer reasonably believes the officer’s personal safety is at risk.”
NJ A4070 limits the immigration data that state and local government and health care facilities can collect.
“These bills underscore that here in New Jersey, we still follow the Constitution and uphold the rule of law. My focus as governor remains on keeping the public safe,” said Governor Sherrill in a statement. “As we’ve seen across the country, Donald Trump’s untrained, unaccountable, masked ICE agents are putting people in danger. That’s why in New Jersey, we are protecting our communities – strengthening our protections, banning ICE agents from wearing masks, and protecting residents’ privacy from federal overreach.”
