By Matthew Hersh

New Jersey’s recent prohibition of U.S. Immigration and Customs Enforcement (ICE) and other federal immigration agents from conducting operations on non-public state property represented another salvo in an ongoing legal battle with the federal government, as state attorneys general seek to limit cooperation with federal immigration enforcement.

How smaller jurisdictions, including counties and municipalities, respond is yet to be seen. But as a handful of local governments pass executive orders and other measures limiting immigration enforcement on county and municipal property, more local leaders are moving to strengthen legal safeguards to prevent action that they say jeopardizes community trust and potentially violates the U.S. Constitution.

Gov. Mikie Sherrill in February signed an executive order that prevents federal immigration officials from entering private areas of some state buildings and from using state property as immigration enforcement staging areas. The federal government responded last week, filing a lawsuit in state federal court that claims Sherrill’s executive order sets prohibitions that are barred by the Constitution.

The state’s acting attorney general, Jennifer Davenport, said the state is prepared to defend the order.

“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,” said Davenport. “New Jersey will continue to ensure the safety of our state’s immigrant communities. We look forward to defending this executive order in court.”

The New Jersey Immigrant Trust Directive, issued by then-Attorney General Matthew Platkin in 2018, restricts state, county, and local law enforcement from assisting ICE in civil immigration enforcement. A pending bill in the state legislature that passed both the Senate and Assembly in the last session but was vetoed by then-Gov. Murphy, would codify the directive into law. Other pending legislation that affects immigration enforcement would limit what private information can be shared by governmental agencies and health care facilities as well as ban local and federal officers from wearing masks in certain situations.

As local jurisdictions consider taking action, Mercer County officials have indicated that the county could follow suit after the state set a standard. County Executive Dan Benson said his administration is evaluating its next steps.

“Our administration is closely evaluating the measures recently announced by the governor and other counties, including Middlesex County. We expect that Mercer County will follow suit, either through a formal resolution or executive order, regarding the use of county property for civil immigration enforcement and related operational activities,” Benson said.

Benson referred to recent action taken in Middlesex County, where the county last month announced a resolution that mirrors the state’s executive order that would prohibit the use of county-owned or county-controlled property for civil immigration enforcement and operational activities conducted by federal agencies. The county also announced that training and resources would be provided to county employees, contractors, and agents on what is required by law.

Benson noted that the county has taken steps to ensure residents can access county services without fear of arrest.

“In anticipation of these developments, we have already been updating our operational signage and internal procedures to ensure that residents can access County services in a safe and welcoming environment,” Benson said. “It is important to me that every member of our community feels secure when utilizing county resources and engaging with local government. We remain committed to taking appropriate action that reflects the needs of all our residents.”

Princeton and Hopewell were the two Mercer County municipalities that passed resolutions in support of the Immigrant Trust Act, with the Mercer County Board of Commissioners formalizing its support late last year. Following instances of immigration enforcement in communities around the county, Mayor Mark Freda said Princeton would continue to support additional protections.

“Mayor and Council continue to monitor immigration enforcement issues and support legislation that strengthens legal safeguards, builds community trust, protects constitutional rights and due process, and promotes accountability and transparency in federal immigration enforcement,” Freda said.

In January, two adult males in Princeton were detained by ICE, according to the Princeton Police Department, which by policy does not participate in federal immigration enforcement.