Justice Department Challenges Gov. Mikie Sherrill’s Executive Order 12 For Hampering ICE Enforcement & Undermining Federal Immigration Law
Tuesday, February 24, 2026, 10:30 A.M. ET. 4 Minute Read, By Jennifer Hodges, Political Editor & Art Fletcher, Executive Editor: Englebrook Independent News,
TRENTON, NJ.- The U.S. Department of Justice has filed a federal lawsuit against the State of New Jersey and Governor Mikie Sherrill, arguing that Executive Order No. 12 unlawfully shields illegal immigrants from enforcement by U.S. Immigration and Customs Enforcement (ICE) and other federal immigration officials and obstructs the execution of federal law.
The complaint, formally filed Monday in U.S. District Court, marks one of the most aggressive federal legal actions to date against a state-level sanctuary policy.
The Justice Department alleges that Gov. Sherrill, a Democrat, expanded sanctuary protections that deliberately interfere with federal immigration enforcement by preventing ICE agents from safely locating and arresting removable noncitizens, including those with criminal convictions, while in state custody.
Federal Obstruction Claims;
According to the DOJ’s complaint, Executive Order 12 bars ICE and other federal immigration officers from entering or using non-public areas of New Jersey state property, including state correctional institutions, unless agents first obtain a judicial warrant. Federal prosecutors argue that this restriction directly conflicts with long-standing federal immigration authority and places both law-enforcement officers and the public at increased risk.
The lawsuit further asserts that the order prevents secure, controlled arrests within correctional settings, forcing federal agents into riskier, public-facing enforcement actions, a practice the DOJ says undermines officer safety and public security.
Attorney General Bondi: “These Policies Will Not Stand;”
In announcing the lawsuit, U.S. Attorney General Pam Bondi delivered sharp criticism of New Jersey’s leadership, stating that the executive order endangers both federal officers and the public.
“Federal agents are risking their lives to keep citizens safe, and yet New Jersey’s leaders are enacting policies designed to obstruct and endanger law enforcement,” Bondi said.
“States may not deliberately interfere with our efforts to remove illegal aliens and arrest criminals. New Jersey’s sanctuary policies will not stand.”
Criminal Releases And Public Safety Risks;
The DOJ complaint alleges that Executive Order 12 has already resulted in the premature release of noncitizens convicted of serious crimes, including aggravated assault, burglary, drug trafficking, and human smuggling, individuals who would otherwise be transferred directly into federal custody for removal proceedings.
Federal officials argue that New Jersey’s policy creates a de facto sanctuary system that blocks enforcement of federal immigration statutes and allows dangerous offenders to reenter communities rather than face deportation.
What Executive Order 12 Does;
Gov. Sherrill signed Executive Order No. 12 on February 11, 2026. The order:
- Prohibits ICE from conducting enforcement operations on state property without a judicial warrant
- Bars federal immigration officers from accessing non-public areas of state buildings
- Applies to prisons, hospitals, schools, and other state-owned facilities
- Establishes a state-run “Know Your Rights” website and ICE-activity reporting portal
Sherrill defended the order as a civil-liberties measure, claiming it protects immigrant communities and prevents what her administration describes as federal overreach.
Critics, however, argue that the policy amounts to political obstruction dressed up as a constitutional concern.
Taxpayers On The Hook;
Legal analysts and government watchdogs warn that the consequences of Sherrill’s executive action could be financially devastating for New Jersey residents.
If the state loses the lawsuit, taxpayers could be forced to absorb millions of dollars in legal fees, compliance costs, and court-ordered policy reversals. Prolonged litigation is also expected to divert state legal resources and strain already tight budgets, diverting funding away from education, public safety, and infrastructure.
Additionally, local and county law-enforcement agencies may face increased costs as they attempt to navigate conflicting directives between state sanctuary rules and federal enforcement mandates.
Opponents of the order argue that New Jersey taxpayers are being forced to bankroll a politically motivated legal battle with little regard for cost, consequence, or public safety.
National Implications;
The lawsuit underscores the growing divide between Democratic state governments and the federal government over immigration enforcement authority. Federal officials have made clear that New Jersey’s case could serve as a precedent for future challenges against sanctuary jurisdictions nationwide.
New Jersey’s legal team is expected to respond in the coming weeks. Court proceedings could extend well into 2026, with constitutional questions surrounding federal supremacy and executive authority likely to be central to the case.
Editor’s Note;
This article was written by Jennifer Hodges, Political Editor & Art Fletcher, Executive Editor, and is based on federal court filings, Department of Justice statements, and public releases from the State of New Jersey regarding the DOJ lawsuit against Governor Mikie Sherrill and Executive Order No. 12. All quoted statements and dates were verified at the time of publication. Financial impact estimates reflect assessments from independent public-policy and legal analysts and have not yet been quantified in official court filings. Englebrook Independent News will continue to follow and update this developing legal case.
