Washington, DC – The Day 1 Alliance, the trade association representing longtime federal and state government contractors in the criminal justice and immigration systems, released the following statement on today’s decision by the U.S. 3rd Circuit Court of Appeals overturning a 2021 New Jersey law that sought to prohibit local governments and private sector companies from renewing or signing new contracts to operate federal immigration detention facilities in the state. By a 2-1 decision, the court found that the New Jersey law violates the U.S. Constitution’s Supremacy Clause by interfering with “the federal government’s core power to enforce immigration laws.”

“Today’s decision by the 3rd Circuit reaffirms the federal government’s discretion to utilize contractor-operated facilities, better ensuring that longtime federal contractors can continue to provide dignified and respectful care to those navigating the federal immigration system in the State of New Jersey, as they have for many years.

“Following a 2022 ruling by the 9th Circuit, this is the second time in the last three years that a federal court has declared this type of law unconstitutional.

“It’s worth remembering that for more than 30 years, under both Democratic and Republican administrations, federal contractors have played a limited yet valued role in the U.S. immigration system. Contractors do not make arrests, do not decide the length of detention, and play no role in determining the legal status of individuals in their care.”

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