NJ ban on private ICE detention contracts overturned
By: Hannan Adely
NorthJersey.com
USA Today Network - New Jersey
..... A federal appeals court has ruled that New Jersey's ban on private immigration detention contracts is unconstitutional., dealing a blow to state leaders and advocates who have long fought to curb U.S. Immigration and Customs Enforcement's footprint in the garden State.
.....
In the 2-1 decision, the 3rd Circuit Court of Appeals found that New Jersey's 2021 law blocking ICE from contracting wit private companies unlawfulness interfered with federal immigration enforcement, in violation of the U.S. Constitution's Supremacy Clause.
..... The July 22 [2025] ruling comes as the Trump administration carries out a sweeping campaign of both unauthorized and legal immigrants while expanding its use of private detention facilities.
..... In July, [2025] President Donald Trump signed a spending bill that gives ICE about $45 billion over the next four years for immigration detention centers, about triple its current level of funding.
..... ICE officials have said the money will be used to double nation's detention capacity to 100,000.
..... CoreCivic, a private prison company, filed the lawsuit in February 2023 against New Jersey Governor Phil Murphy and state Attorney General Matthew Platkin challenging the state law. the law specifically bans state and local governments and private facilities form entering into renewing or extending agreements with ICE to detain immigrants.
..... The ruling affirms a lower court's decision in favor of CoreCivic and clears the way for the company to renew its contract to detain immigrants at the 300-person Elizabeth Detention Center.
..... The ruling could have national implications for other states such as California and Illinois, which have passed similar laws aimed at phasing out private immigration detention.
..... Platkin said he was disappointed with the ruling, citing complaints of poor conditions and treatment that have been raised at ICE facilities, including at the newly-opened Delaney hall in Newark, operated by the Geo Group. In June, [2025] detainees at Delaney Hall rioted in protest of their treatment, alleging poor conditions, including a lack of food.
..... "As recent events at Delaney hall underscore," Platkin said in a July 22 [2025] statement, "entrusting detention to for profit companies poses grave risks to health and safety, and as the dissenting judge noted, states retain broad latitude to protect the health and safety of people within their borders - particularly where, as here, there is no conflict with federal legislation.
....."We will continue to do all we can to defend these important goals and are evaluating our next steps in this case," Platkin said.
..... Advocates and rights groups rallied for years to end immigration detention calling on officials to end the practice. The moneymaking contracts with ICE, they argued, fueled a detention system that separated families and destabilized communities.