Federal Investigation into New Jersey's 'Immigrant Trust Directive' Announced by U.S. Attorney

U.S. Attorney Alina Habba has initiated an investigation into New Jersey Governor Phil Murphy and Attorney General Matt Platkin concerning the state's "Immigrant Trust Directive," a policy that limits local law enforcement's cooperation with federal immigration authorities. Habba, appointed by President Donald Trump in March 2025, announced the probe during a Fox News appearance on April 10, 2025.

The "Immigrant Trust Directive," implemented in November 2018 by then-Attorney General Gurbir Grewal, aims to build trust between law enforcement and immigrant communities by delineating the roles of state and federal authorities. The directive prohibits New Jersey law enforcement officers from stopping, questioning, arresting, searching, or detaining individuals based solely on their actual or suspected immigration status. It also restricts officers from inquiring about an individual's immigration status unless it is necessary for the ongoing investigation of a serious offense. Additionally, the directive limits the sharing of information about individuals in custody with federal immigration authorities, except under specific circumstances. (njoag.gov)

Habba's appointment as interim U.S. Attorney has been met with criticism due to her limited federal court experience and previous sanctions for filing frivolous lawsuits. Prior to this role, she served as President Trump's personal attorney, representing him in various legal matters, including defamation and civil fraud cases. (reuters.com)

Attorney General Platkin responded to the investigation by emphasizing the ongoing cooperation between state and federal law enforcement on criminal matters. He noted that federal courts have upheld the state's directive, reinforcing its legality. Governor Murphy declined to comment on the investigation. (apnews.com)

The "Immigrant Trust Directive" has faced legal challenges since its inception. In February 2020, the U.S. Department of Justice filed a lawsuit against New Jersey, alleging that the directive violated federal law by restricting local law enforcement's cooperation with federal immigration authorities. However, in July 2020, U.S. District Judge Freda Wolfson dismissed the lawsuit, ruling that the directive did not violate federal law. The court found that the directive did not interfere with the federal government's ability to enforce its own laws, including through the Immigration and Nationality Act. (apnews.com)

In August 2021, the U.S. Court of Appeals for the Third Circuit upheld the directive, further affirming its legality. Acting Attorney General Andrew J. Bruck stated that the directive has helped foster trust between New Jersey's police officers and the state's historically marginalized communities by drawing a clear line between the work of state law enforcement officers and federal civil immigration officers. (njoag.gov)

The investigation into New Jersey's immigration policies highlights the ongoing tension between state and federal authorities over immigration enforcement. Supporters of the "Immigrant Trust Directive" argue that such policies are essential for building trust between law enforcement and immigrant communities, thereby enhancing public safety. Critics contend that limiting cooperation with federal immigration authorities undermines the enforcement of federal laws and may compromise national security.

As the investigation progresses, it is expected to reignite debates over the balance of power between state and federal governments in matters of immigration enforcement and the broader implications for immigrant communities in New Jersey and beyond.