Federal vs. State: NJ Battles Over Immigration Rights

ByEthan Pineridge

A brewing legal battle between federal and state authorities has erupted in New Jersey as U.S. Attorney Alina Habba publicly challenged the state’s limitations on cooperation with immigration enforcement. The confrontation highlights the growing tension between President Trump’s renewed immigration crackdown and New Jersey’s longstanding policies protecting undocumented residents.

“Let me be clear: Executive Orders will be followed and enforced in the State of New Jersey,” Habba declared Tuesday on social media, directly responding to a March 24 memo from State Police Superintendent Pat Callahan that reminded troopers of restrictions on assisting Immigration and Customs Enforcement (ICE), according to New Jersey Monitor.

The clash comes as approximately 27,000 new “warrants of removal” were recently added to federal databases, potentially affecting thousands of New Jersey residents. Callahan’s memo specifically instructed state police officers not to make arrests based solely on these administrative warrants or contact ICE about individuals flagged in the system.

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Sanctuary Showdown: Trump’s Orders vs. Murphy’s Directives

At the heart of the conflict is New Jersey’s Immigrant Trust Directive, implemented by Governor Phil Murphy and then-Attorney General Gurbir Grewal in 2018. The directive prevents law enforcement from questioning people about immigration status unless relevant to a criminal investigation and limits information sharing with federal immigration authorities.

The policy distinguishes between administrative warrants issued by agencies like ICE and judicial warrants signed by judges. Under New Jersey’s guidelines, only the latter justify law enforcement action.

“As the Attorney General’s Immigrant Trust Directive outlines, we are NOT to arrest subjects for ‘Outstanding Administrative Warrants’… Also, upon receiving notification of an ‘Outstanding Administrative Warrant,’ NJSP members are NOT permitted to contact ICE via the phone number provided,” Callahan’s memo states, as reported by New Jersey 101.5.

Current Attorney General Matthew Platkin defended the directive, saying it ensures police focus on public safety while encouraging crime victims and witnesses to cooperate with law enforcement regardless of immigration status. “Under the Immigrant Trust Directive, state and local law enforcement have and will continue to work with federal authorities to remove violent criminals from this country. Plain and simple, there is no ‘sanctuary’ for criminals in New Jersey,” Platkin said in a statement.

Presidential Priorities Collide With Garden State Policy

President Trump has made immigration enforcement a cornerstone of his second administration, expanding detentions beyond undocumented immigrants to include more legal permanent residents facing potential deportation. The administration has already announced plans to open a new immigration detention facility in Newark this summer, a move the city is fighting in court.

Habba’s statement signals a potential federal intervention to override New Jersey’s directive. As Trump’s appointed U.S. Attorney, her declaration about executive orders being “followed and enforced” suggests the administration may take steps to compel state cooperation with federal immigration authorities.

The dispute has drawn political attention, with gubernatorial candidate Jack Ciattarelli’s campaign publicizing Callahan’s memo and criticizing the Murphy administration for “shielding residents who are in the country illegally.”

Legal Authorities in Conflict: Who Prevails?

The standoff raises complex legal questions about federal versus state authority in immigration enforcement. While immigration policy falls under federal jurisdiction, several court decisions have limited Washington’s ability to compel state and local agencies to enforce federal immigration laws.

New Jersey’s approach mirrors policies in other states that limit cooperation with ICE while still assisting in criminal matters. The directive specifically allows cooperation with federal authorities in cases involving criminal investigations and warrants issued by judges.

State Police spokesman Trooper Charles Marchan offered no elaboration beyond saying the memo “speaks for itself,” while the U.S. Attorney’s Office declined requests for further comment on Habba’s statement.

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Legislative Push for Permanent Protections

As the executive branch conflict unfolds, immigrant advocacy groups continue pushing for the Immigrant Trust Act, which would codify the directive into state law. The proposed legislation would also establish “sensitive locations” like schools and healthcare facilities where cooperation with immigration authorities would be prohibited.

The bill has yet to receive a committee hearing, and legislative leadership has not indicated plans to advance it. With federal pressure mounting, advocates argue statutory protections would provide more security than the current administrative directive.

“Taking law enforcement action by arresting a subject based solely on an ‘Outstanding Administrative Warrant’ would violate the Attorney General’s Immigrant Trust Directive,” Callahan emphasized in his memo, highlighting the state’s current stance.

As federal enforcement intensifies and state resistance continues, New Jersey residents caught in the middle face increasing uncertainty about how these conflicting policies will affect their communities. The resolution of this standoff could establish precedent for similar conflicts in other states with protective immigration policies.

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