Court Overturns NJ Ban on Immigration Detention Contracts

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    PHILADELPHIA — A significant ruling was delivered by a U.S. appeals court recently, overturning New Jersey’s attempt to prohibit private companies from managing immigration detention centers within state borders. This 2-1 decision clears the way for CoreCivic Corp., a prominent private prison organization, to continue its operations at the Elizabeth Detention Center. This decision is seen as a boost for the Trump administration in its ongoing efforts to bolster immigration enforcement nationwide by expanding its network of detention facilities.

    Circuit Judge Stephanos Bibas, appointed by former President Donald Trump, emphasized in his decision that state laws should not undermine federal authority. “Just as states cannot regulate the federal government itself, they cannot regulate private parties in a way that severely undercuts a federal function,” Bibas stated. He argued that the New Jersey law impeded the essential federal power to administer immigration regulations.

    The 2021 legislation, enacted by New Jersey Governor Phil Murphy, sought to prevent CoreCivic from extending its contract with U.S. Immigration and Customs Enforcement (ICE). Following the law’s passage, CoreCivic challenged its validity in court and initially found success with a district judge’s favorable ruling. This prompted New Jersey to appeal the decision, leading to the recent outcome in the 3rd U.S. Circuit Court.

    New Jersey Attorney General Matthew Platkin expressed dissatisfaction with the court’s decision, asserting that states should have the autonomy to safeguard residents. In a statement, Platkin referenced ongoing issues at Delaney Hall, a private prison facility in Newark, to highlight the dangers associated with entrusting incarceration to profit-driven enterprises. He maintained that such entities pose substantial risks to prisoners’ health and safety.

    Recent incidents at the Newark facility have attracted significant attention, including the arrest of U.S. Rep. LaMonica McIver, a Democrat accused by the Trump-era Justice Department of assaulting immigration officers. McIver has denied the accusations. Meanwhile, a separate trespassing charge against Newark Mayor Ras Baraka was dismissed, after which he filed a lawsuit claiming malicious prosecution.

    CoreCivic, commenting on the court’s decision, reiterated that its role does not involve making arrests or implementing immigration laws. “Our responsibility is to care for each person respectfully and humanely while they receive the legal due process that they are entitled to,” spokesperson Ryan Gustin stated. The company pledges to uphold humane treatment standards for all individuals in its care during legal proceedings.