The Third Circuit Court of Appeals holds private profits supreme over New Jersey State sovereignty.

PHILADELPHIA, PA [07.22.2025] -  The New Jersey Alliance for Immigrant Justice (NJAIJ) condemns today’s federal appeals court decision striking down core provisions of New Jersey’s hard-won ban on private immigrant detention, AB5207. Cloaked in constitutional formalism, the ruling overrides the will of New Jersey residents and their elected representatives to regulate an industry that has been notorious for abuse, neglect, and wrongful deaths. 

In their ruling, the Third Circuit Justices say AB5207 is a “direct regulation in everything but name” and describes the civil detention of immigrants as a “core function” of the United States government. NJAIJ rejects both the decision and the framing of immigration enforcement as a necessary or core function of the federal government. NJAIJ and its members renew the call to pass additional protections like the Immigrant Trust Act and end all forms of immigrant detention.

The decision comes just weeks after Congress passed the “One Big Beautiful Bill,” signed into law by President Donald Trump on July 4th, 2025. The bill allocates roughly $170.7 billion in immigration enforcement, detention, and deportation, making the Immigration and Customs Enforcement (ICE) agency the largest federal enforcement agency in our nation’s history. Today’s ruling will be a boon for private prison corporations like CoreCivic, which brought the initial challenge to AB5207, as well as corporations like GEO Group, which operate Delaney Hall in Newark. GEO Group Corporation’s PAC was the first to max out political campaign contributions to President Donald Trump’s re-election campaign.

“What New Jersey achieved through the democratic process has now been undone by judicial fiat to the corporations whose mission is not to serve the United States Constitution, but to deliver profits for their shareholders,” said Amy Torres, Executive Director of New Jersey Alliance for Immigrant Justice. “This is not justice. This is a win for the corporate overlords who have already made a mockery of the federal government. Now the third circuit has given them the greenlight to go after every statehouse in the country to challenge their democratic authority.”

Though President Trump has repeatedly justified his administration’s rollback of civil liberties and increased funding for immigration on a mass immigrant “crime wave,” over 70% of immigration arrests since he returned to office have involved people with no prior contact with the criminal legal system. The decision lays the legal groundwork for a national resurgence of private prison infrastructure. The Court’s ruling will usher in devastating consequences in New Jersey and beyond.  Delaney Hall and Elizabeth Detention Center, just miles from two international airports, now serve as regional intake valves, absorbing immigrants from the entire Northeast region. 

“This ruling makes one thing clear: the law will not save us. It was written to protect power, and it has once again done just that—upholding a system of punishment and control designed to target Black immigrants and immigrants of color. This decision gives the green light for corporations like CoreCivic to continue their abuse on New Jersey soil, even after our communities fought to shut the door on private detention for good,” said Katy Sastre, Executive Director of First Friends of New Jersey and New York. “But we are not deterred. We’ve always known that real change comes from the ground up—from the people who refuse to be silent while their neighbors are disappearing into cages. We will keep organizing until every bed is empty, every contract is canceled, and every detention center is shut down for good.”

"If this ruling stands, it opens the door for private prison corporations to defy state laws and profit from the suffering of detained immigrants,” said Araceli Argueta, Organizing Director at the American Friends Service Committee NJIRP. “As a program that defends people trapped in CoreCivic and other for-profit facilities, we are outraged but not deterred. We will keep organizing, litigating, and demanding the end of its entanglement with private detention once and for all."

“This ruling is a devastating blow to immigrant rights and a clear win for private prison profiteers,” said Hazel Applewhite, Executive Director at Ironbound Community Corporation. “It disregards the will of New Jerseyans and undermines our state’s commitment to dignity, justice, and accountability. We will not stop fighting to end the immoral practice of for-profit detention.”

“Today, the judges of the Third Circuit have failed the people of New Jersey. By siding with CoreCivic, the court is also siding with Trump’s campaign to further criminalize the immigrant community,” said Li Adorno, Community Organizer at Movimiento Cosecha. “And yet the court has sided with an administration that seeks to kidnap, remove, and even disappear us. Though the court did not rule in favor of justice today, our fight is far from over. We will continue to resist, organize, and demand the permanent closure of these detention centers. New Jersey deserves better—and we will not stop until these cruel facilities are shut down for good!”

“Today’s ruling is a painful reminder of the deep influence the private prison industry holds over our justice system,” said Mousa Naji, Advocacy and Community Relations Associate at CAIR-NJ. “By siding with CoreCivic, the court has undermined New Jersey’s effort to end for profit immigration detention, a system built on cruelty and exploitation. We remain resolute in opposing policies that prioritize profit over people and will continue pushing for legislative and grassroots solutions to shut these facilities down.”

"This ruling sets a dangerous precedent — one that allows corporations like CoreCivic to operate with impunity, with little transparency or accountability," said Marleina Ubel, Senior Policy Analyst at New Jersey Policy Perspective. “But the pursuit of human rights, oversight, and dignity in our carceral system must continue. New Jersey has the opportunity — and the responsibility — to lead the way in protecting people from the harms of for-profit detention.”

“The Palestinian American Community Center is deeply distraught by the Court of Appeals’ decision, which continues to push our democracy down a path of destruction,” said Haliema Twam, Civic Engagement & Advocacy Manager of PACC-NJ. “As the Garden State, we should be nurturing and expanding the diverse cultures that contribute so significantly to our collective wealth. We urge our decision-makers to break away from the domestic and foreign war economies these contracts support.”

“The Third Circuit’s decision to side with the private prison corporation is a deeply disappointing setback, not just for immigrant rights, but for the future of our nation,” said Jasmine Rivera, Executive Director of Pennsylvania Immigration Coalition. “Allowing profit-driven detention to continue in New Jersey undermines the commitment to humane and just treatment for all people everywhere, regardless of immigration status. But we who fight for freedom and justice will not be deterred. We will continue to fight until all of our people can live free.”

Communities across New Jersey have been calling on the legislature to pass the Immigrant Trust Act, which would provide crucial privacy protections for immigrants whose private information may otherwise be turned over to immigration officials without a warrant.

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