Habba Threatens Criminal Charges Against New Jersey Officials
In an extraordinary escalation of tensions between federal and state authorities, interim U.S. Attorney for New Jersey Alina Habba has threatened criminal prosecution of Governor Philip Murphy and Attorney General Matthew Platkin over the state’s immigration policies. The former Trump defense attorney, speaking on Fox News Thursday evening, warned she would pursue obstruction and concealment charges against state officials who refuse to assist with federal immigration enforcement.
“Anybody who does get in the way of what we are doing — which is not political, it is simply against crime — will be charged in the state of New Jersey for obstruction, for concealment,” Habba declared during her television appearance. “And I will come after them hard.” This aggressive stance represents an unprecedented federal threat against a sitting governor and state attorney general.
According to The Hill, the investigation centers on Murphy and Platkin’s enforcement of the state’s 2018 Immigrant Trust Directive, which limits cooperation between local law enforcement and federal immigration authorities. Habba framed her investigation as targeting instructions to law enforcement agents “not to enforce the Trump administration’s civil immigration statutes.”
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Presidential Loyalist Takes Aggressive Stance
Habba’s threat marks one of the most confrontational actions by any Trump appointee since the administration took office in January. The 41-year-old attorney, who takes over the interim post from John Giordano, previously served as Trump’s defense attorney in several high-profile civil cases and as White House counselor before her appointment to lead the U.S. Attorney’s Office for the District of New Jersey.
Her appointment raised significant questions among legal observers given her limited prosecutorial experience. Associated Press reports that Habba’s legal career has primarily involved state-level courts rather than federal venues, with her most visible work being her representation of Trump in civil litigation, including the E. Jean Carroll defamation case where her performance drew judicial criticism for procedural errors.
During her Fox News appearance, Habba emphasized her allegiance to the administration’s priorities, stating that Attorney General Pam Bondi “has made it clear, and so has our president, that we are to take all criminals, violent criminals and criminals out of this country and to completely enforce federal law.” This framing of immigration enforcement as a crime-fighting measure echoes the president’s campaign rhetoric.
Collision Course Over Immigration Enforcement
The investigation announcement comes amid broader tensions between the Trump administration and Democratic-led states with sanctuary policies. The New York Times reports that in January, the Justice Department ordered U.S. attorneys across the country to investigate law enforcement officials who declined to enforce federal immigration policies.
New Jersey has become a particular focus of these efforts as the administration prepares to reopen a 1,000-bed detention center near Newark Liberty International Airport. Governor Murphy has previously expressed strong opposition to this facility, stating his administration was “extremely disappointed” by the contract with a for-profit prison company and would “continue to fight” such entities opening in the state.
The state’s 2018 Immigrant Trust Directive, which forms the basis of Habba’s investigation, was designed to build trust between immigrant communities and law enforcement by limiting when local police can assist with federal immigration enforcement. Supporters argue the policy improves public safety by encouraging immigrants to report crimes without fear of deportation, while critics contend it hampers federal immigration enforcement efforts.
Unprecedented Federal Pressure on State Officials
Legal experts note the extraordinary nature of Habba’s threat, which potentially represents one of the most aggressive federal actions against state officials in recent memory. The confrontation raises significant constitutional questions about federalism and the boundaries between state and federal law enforcement authorities that may ultimately require resolution by federal courts.
Habba’s claim that Attorney General Bondi’s orders “supersede the state’s authority” challenges long-established principles of federalism that grant states considerable discretion in allocating their law enforcement resources. The Supreme Court has previously ruled that while federal law is supreme, the federal government cannot “commandeer” state officials to enforce federal regulatory programs.
Neither Governor Murphy nor Attorney General Platkin has issued a formal response to the investigation announcement or the threat of criminal charges. The governor’s office has not responded to requests for comment on Habba’s statements, though the confrontational nature of her approach suggests this conflict is likely to escalate further in coming weeks.
Meanwhile, Habba has positioned her investigation as part of a broader effort to address crime in New Jersey, though her claims about rising crime rates in Camden and Newark have been disputed by local officials who cite significant decreases in violent crime in recent years. This disconnect highlights the deeply political nature of the confrontation despite Habba’s insistence that her actions are “not political.”
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