The Department of Justice has sued New Jersey Governor Mikie Sherrill and Attorney General Jennifer Davenport over two state laws that the federal government claims violate constitutional protections for law enforcement officers and undocumented immigrants.
In a 24-page complaint, the DOJ alleges that New Jersey’s “Law Enforcement Officer Protection Act” is unconstitutional because it prohibits federal officers from wearing masks while on duty and requires them to provide identification before detaining individuals. The law also includes limited exceptions but delegates authority to issue guidelines to the state attorney general.
Assistant Attorney General Brett A. Shumate of the DOJ’s Civil Division stated that the department will “steadfastly protect the privacy and safety of law enforcement from unconstitutional state laws like New Jersey’s.” He characterized the law as an attempt by the state to regulate federal operations, which could lead to harassment, doxing, and violence against officers.
The lawsuit also targets two New Jersey laws: one enacted in 2013 by former Governor Chris Christie that allows some undocumented students to receive in-state tuition for public colleges, and another from 2018 under former Governor Phil Murphy that provides state-funded financial assistance to undocumented immigrant students.
The DOJ argues these laws are unconstitutional because they provide benefits to undocumented immigrants not afforded to U.S. citizens. Shumate emphasized: “This is a simple matter of federal law: in New Jersey and nationwide, colleges cannot provide benefits to illegal aliens that they do not provide to U.S. citizens.”
Local reports indicate that law enforcement officers have been refusing to comply with the state law in situations where adhering to it might put themselves or others at risk.
The administration has previously filed similar lawsuits against states including Texas, Kentucky, and Oklahoma, where state officials supported ending in-state tuition benefits for undocumented immigrants.