Alina Habba fires first shots in war with NJ governor as relationship with ICE fails to thaw

Reports stated officials instructed law enforcement not to assist federal agencies.

PUBLISHED APR 11, 2025

The dispute stems from New Jersey’s 2018 Immigrant Trust Directive, which limits state and local police cooperation with ICE.

Trenton, New Jersey: Acting US Attorney Alina Habba announced Thursday she is launching an investigation into New Jersey's Democratic Governor Phil Murphy and Attorney General Matthew Platkin for allegedly refusing to enforce federal immigration laws. The probe comes after reports that state officials instructed law enforcement not to assist federal agencies in arresting immigrants living in the US illegally.

Phil Murphy’s office has previously clashed with the administration over immigration, including opposing the reopening of a Newark detention center for ICE.

Habba, a former Trump attorney, made the announcement on Fox News’s Hannity, accusing Murphy and Platkin of obstructing federal efforts to remove criminal immigrants. "I have instructed my office today to open an investigation," she said, warning that those who interfere could face obstruction charges. The move escalates tensions between the Trump administration and New Jersey, which has resisted stricter immigration enforcement.

The dispute stems from New Jersey’s 2018 Immigrant Trust Directive, which limits state and local police cooperation with ICE. Habba did not acknowledge the policy on air but insisted federal law takes precedence. "We are to take all criminals out of this country," she said.

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Murphy’s office has previously clashed with the administration over immigration, including opposing the reopening of a Newark detention center for ICE. "We will continue to fight against for-profit detention," Murphy said earlier this year.

What is the Immigrant Trust Directive?

The Immigrant Trust Directive, issued in November 2018 by New Jersey Attorney General Gurbir Grewal, is a statewide policy designed to strengthen trust between law enforcement and the state's diverse immigrant communities.

The directive establishes a clear distinction between state, county, and local law enforcement, who are responsible for enforcing state criminal law, and federal immigration authorities, such as ICE, who enforce federal civil immigration law. It limits the types of voluntary assistance that New Jersey’s law enforcement officers may provide to federal immigration authorities. The directive applies to state and local police officers, correctional officers in state prisons and county jails, and state and county prosecutors.

Police officers cannot stop, question, arrest, search, or detain any individual based solely on actual or suspected immigration status. They cannot ask about an individual's immigration status unless it is necessary for the ongoing investigation of a serious offense and relevant to the offense under investigation.

Officers are prohibited from participating in ICE’s civil immigration enforcement operations and from providing ICE with access to state or local law enforcement resources, including equipment, office space, databases, or property.

It has also faced criticism and legal challenges. In 2020, the U.S. Department of Justice sued New Jersey over the directive, alleging that it unlawfully restricted cooperation with federal immigration authorities.

Advocates, including the ACLU of New Jersey, have called for the passage of the Immigrant Trust Act, legislation that would codify the directive into state law, providing more permanent protections for immigrant communities.