Credit: U.S. Customs and Border Control 'Cannot Survive Supremacy Clause Scrutiny': How New Jersey's Law on Immigration Detention Facilities Failed
"AB 5207 evades easy classification under a particular branch of the Supreme Court's Supremacy Clause jurisprudence," stated Judge Robert Kirsch. "Regardless of the doctrine invoked, the result in this case is clear. A state law that wholesale deprives the federal government of its chosen method of detaining individuals for violating federal law cannot survive Supremacy Clause scrutiny."
August 31, 2023 at 03:13 PM
7 minute read
Immigration Law
A New Jersey district court judge sided with CoreCivic, a national operator of detention facilities, and held that a New Jersey law preventing the company from contracting with U.S. Immigration and Customs Enforcement is unconstitutional as applied.
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