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What is ICE allowed to do in New Jersey? DOJ sues state, Gov. Sherrill over immigration executive order

The Trump administration is suing New Jersey after Gov. Mikie Sherrill's recent executive order limiting federal immigration agents from conducting enforcement operations on state property.

Sherrill's Executive Order No. 12, signed Feb. 11, forbids ICE from entering nonpublic areas of state-owned spaces without a warrant for enforcing civil immigration law. Federal immigration authorities are also barred under the order from using state property as a staging area, processing location or base of operations for civil immigration enforcement.

The Department of Justice filed suit over those policies in a New Jersey federal court on Monday, asking a judge to invalidate the executive order and issue an injunction to prohibit the state from enforcing it.

"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 Pam Bondi said in a statement about the suit. "States may not deliberately interfere with our efforts to remove illegal aliens and arrest criminals — New Jersey's sanctuary policies will not stand."

Sherrill was asked about the lawsuit in a news conference on the recent snowstorm.

"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 that they can operate more safely," Sherrill said.

Sherrill's order followed the Safe Communities Act, signed into law in January by her predecessor Phil Murphy, which tasks the state Attorney General's office with creating policies to protect personal freedom without fear in "sensitive locations" including courthouses, hospitals, shelters and food pantries.  

New Jersey's Acting Attorney General Jennifer Davenport also responded to the Trump administration's suit, issuing a public statement on social media on Tuesday.

"Instead of working with us to promote public safety and protect our state's residents, the Trump Administration is wasting its resources on a pointless legal challenge to Governor Sherrill's executive order," Davenport said. "Under Governor Sherrill's leadership, New Jersey will continue to ensure the safety of our state's immigrant communities. We look forward to defending this executive order in court."

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