Federal Judge Rules That New Jersey Law Banning Detention of Illegal Aliens is Unconstitutional
Jose Nino
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United States District Court Judge Robert Kirsch recently ruled that a New Jersey law prohibiting the detention of illegal aliens is unconstitutional.
“Given the border security crisis that has escalated the last few years, it is essential for our country to have the ability to detain illegal aliens who have violated federal law and are fighting deportation,” the Immigration Reform Law Institute’s Dale Wilcox declared in a statement sent to Breitbart News via email.
The law in question was passed by Democrats in the state legislature and Governor Phil Murphy. It resulted in the shutdown of three out of four immigration detention facilities across the state and was expected to close down the fourth facility in August.
On paper, the law banned local and state agencies, in addition to private firms, from entering into a contract with Immigration and Customs Enforcement (ICE) to detain illegal alien invaders.
In the case, Kirsch ruled that the law is unconstitutional due to how it impedes the federal government from properly executing its duties to enforce federal immigration law. He said the following in the decision:
… New Jersey’s disagreement with the manner in which ICE detains individuals for civil immigration violations, or that the federal government detains individuals for civil immigration violations at all, does not permit AB 5207’s intrusion into this uniquely federal function.
Kirsch added:
If New Jersey objects to how the federal government carries out its detention operations, it should use its voice, through its nationally elected representatives and federal elections, to make its objection heard.
Enforcing AB 5207 against Plaintiff would close the last remaining facility in New Jersey to which ICE has access. The result of any one of New Jersey’s neighboring states passing a comparable law — let alone an ensuing domino effect to other states — would result in nothing short of chaos. Although reference to the federal government was conveniently omitted from AB 5207, the statute is a dagger aimed at the heart of the federal government’s immigration enforcement mission and operations. Congress’s assignment to the federal government the responsibilities to enforce the civil immigration laws, including, when necessary, through detention, renders AB 5207 unconstitutional under the Supremacy Clause.
The decision could establish legal precedents in other blue states such as California, Illinois, and New York, where Democrats have made similar attempts to prohibit ICE from detaining illegal aliens.
Such strategies are part of the broader “Abolish ICE” campaign, which strives to scrap all immigration detention so that mass migration boosters achieve their vision of full-fledged open borders.
“Immigration is a federal concern, and the New Jersey law was a brazen attempt to interfere with the federal government’s constitutional role,” Wilcox declared. “The court made the right call here.”
Such decisions will come in handy in the fight to restore order on immigration matters. Nevertheless, they’re not sufficient to contain the threat of mass migration.
Ultimately, it will take a nationalist regime in DC to start passing immigration laws — an immigration moratorium, abolishing birthright citizenship, implementing E-Verify, ending chain migration, etc. — to bring some semblance of sanity to immigration questions in the US.
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