Case: United States v. City of Newark

2:25-cv-05081 | U.S. District Court for the District of New Jersey

Filed Date: May 22, 2025

Case Ongoing

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Case Summary

This case challenged the "sanctuary city" policies of several cities in New Jersey. On May 22, 2025, the United States sued the cities of Newark, Jersey City, Paterson, and Hoboken, along with their city councils and mayors, in the District Court for the District of New Jersey, where the case was assigned to District Judge Evelyn Padin.  Plaintiff alleged that the defendants' policies violated the Supremacy Clause, as well as 8 U.S.C. § 1373, which bars obstructing communication between governm…

This case challenged the "sanctuary city" policies of several cities in New Jersey. On May 22, 2025, the United States sued the cities of Newark, Jersey City, Paterson, and Hoboken, along with their city councils and mayors, in the District Court for the District of New Jersey, where the case was assigned to District Judge Evelyn Padin. 

Plaintiff alleged that the defendants' policies violated the Supremacy Clause, as well as 8 U.S.C. § 1373, which bars obstructing communication between government agencies and the Immigration and Naturalization Service. Their complaint asserted that, because of Newark’s sanctuary laws, 

[T]he United States lacks the ability to readily obtain from local law enforcement the release date of aliens whom DHS has reason to believe are removable from the United States, and DHS lacks access to such aliens to facilitate the transfer of custody, even where DHS presents a Congressionally authorized civil administrative warrant of arrest or removal.

Plaintiff argued that the defendants' actions violated the Supremacy Clause in three ways. First, that Newark’s sanctuary laws are in conflict with federal law, and that federal law must preempt local law. Second, that Newark’s law unlawfully regulating the federal government. Finally, Plaintiff alleged that Newark’s provisions discriminated against the federal government by singling out federal immigration authorities for disfavored treatment. They sought declaratory and injunctive relief. 

On October 14, 2025, the municipal defendants filed motions to dismiss the complaint. The cities argued that the United States lacked Article III standing because their local policies merely implemented the New Jersey Attorney General's statewide Immigrant Trust Directive. The defendants asserted that any alleged injuries were not traceable to the cities' independent actions and could not be redressed by striking down the municipal policies alone, as the statewide directive would still apply. The defendants also argued that their sanctuary policies were not preempted by federal law, relying on binding Third Circuit precedent, which had previously upheld the state's directive against similar challenges. Additionally, the cities asserted that under the Tenth Amendment's anti-commandeering doctrine, the federal government cannot compel local law enforcement to administer or enforce federal civil immigration programs.

On November 18, 2025, the United States filed its amended consolidated opposition to the defendants' motions to dismiss. The government countered the standing arguments by claiming that the cities' sanctuary policies impose even greater barriers to federal enforcement than the state's Immigrant Trust Directive. The plaintiff reiterated that the policies were preempted by the Immigration and Nationality Act. Furthermore, the United States argued that the local policies unlawfully discriminated against the federal government by treating federal immigration agents less favorably than other law enforcement agencies or the general public by denying them access to municipal facilities, detainees, and information.

Throughout the fall of 2025, various organizations—including the ACLU of New Jersey, the Federation for American Immigration Reform, and a coalition of sixty-six cities and counties—filed motions to appear as amici curiae.

The case remains ongoing.

Summary Authors

Nithya Arun (10/12/2025)

Jeremiah Price (7/10/2025)

Jack Moore (2/22/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/70339831/parties/united-states-v-city-of-newark/


Documents in the Clearinghouse

Documents in this case
1

2:25-cv-05081

Complaint

The United States of America v. City of Newark

May 22, 2025

May 22, 2025

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/70339831/united-states-v-city-of-newark/

Last updated April 20, 2026, 3:47 a.m.

ECF Number Date Description Link
1 May 22, 2025

COMPLAINT against All Defendants, filed by UNITED STATES.(CHEN, HANS) (Entered: 05/22/2025)

Clearinghouse
2 May 22, 2025

Exhibit to 1 Complaint Civil Cover Sheet by All Plaintiffs. (CHEN, HANS) (Entered: 05/22/2025)

RECAP
May 22, 2025

Case Assigned/Reassigned

May 22, 2025

Case assigned to Judge Evelyn Padin. (tjg, )

3 June 9, 2025

Letter from Plaintiff re 1 Complaint, 2 Exhibit (to Document). (CHEN, HANS) (Entered: 06/09/2025)

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4 June 10, 2025

SUMMONS ISSUED as to RAS J. BARAKA, RAVINDER S. BHALLA, C. LAWRENCE CRUMP, JAMES DOYLE, STEVEN M. FULOP, CITY OF HOBOKEN, HOBOKEN CITY COUNCIL, CITY OF JERSEY CITY, JERSEY CITY CITY COUNCIL, ALEX MENDEZ, CITY OF NEWARK, NEWARK CITY COUNCIL, CITY OF PATERSON, PATERSON CITY COUNCIL, ANDREW SAYEGH, JOYCE E WATTERMAN. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (ps) (Entered: 06/10/2025)

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June 10, 2025

Add and Terminate Judges

June 10, 2025

Magistrate Judge Andre M. Espinosa added. (ps)

5 June 24, 2025

SUMMONS Returned Executed by UNITED STATES OF AMERICA. All Defendants. (Attachments: # 1 Exhibit A - Process Receipts and Returns of Service)(CHEN, HANS) (Entered: 06/24/2025)

1 Exhibit A - Process Receipts and Returns of Service

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6 July 10, 2025

First MOTION for Extension of Time to File Answer on Consent by ALEX MENDEZ, CITY OF PATERSON, PATERSON CITY COUNCIL, ANDREW SAYEGH. (ABOUSHI, AYMEN) (Entered: 07/10/2025)

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7 July 14, 2025

NOTICE of Appearance by BRITTANY MURRAY on behalf of STEVEN M. FULOP, CITY OF JERSEY CITY, JERSEY CITY CITY COUNCIL, JOYCE E WATTERMAN (MURRAY, BRITTANY) (Entered: 07/14/2025)

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8 July 14, 2025

NOTICE of Appearance by AYSHA IQBAL on behalf of All Plaintiffs (IQBAL, AYSHA) (Entered: 07/14/2025)

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9 July 14, 2025

First MOTION for Extension of Time to File Answer by STEVEN M. FULOP, CITY OF JERSEY CITY, JERSEY CITY CITY COUNCIL, JOYCE E WATTERMAN. (MURRAY, BRITTANY) (Entered: 07/14/2025)

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10 July 14, 2025

LETTER ORDER granting 6 Defendant's Motion for Extension of Time to Answer. For good cause shown, the time to respond to the Complaint is extended by forty-five (45) days. Signed by Magistrate Judge Andre M. Espinosa on 7/14/2025. (jd, ) (Entered: 07/14/2025)

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11 July 14, 2025

NOTICE of Appearance by GURBIR S. GREWAL on behalf of RAS J. BARAKA, RAVINDER S. BHALLA, C. LAWRENCE CRUMP, JAMES DOYLE, CITY OF HOBOKEN, HOBOKEN CITY COUNCIL, CITY OF NEWARK, NEWARK CITY COUNCIL (GREWAL, GURBIR) (Entered: 07/14/2025)

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12 July 14, 2025

MOTION for Leave to Appear Pro Hac Vice by RAS J. BARAKA, RAVINDER S. BHALLA, C. LAWRENCE CRUMP, JAMES DOYLE, CITY OF HOBOKEN, HOBOKEN CITY COUNCIL, CITY OF NEWARK, NEWARK CITY COUNCIL. (Attachments: # 1 Declaration of Neal K. Katyal in Support, # 2 Text of Proposed Order)(GREWAL, GURBIR) (Entered: 07/14/2025)

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13 July 14, 2025

MOTION for Leave to Appear Pro Hac Vice by RAS J. BARAKA, RAVINDER S. BHALLA, C. LAWRENCE CRUMP, JAMES DOYLE, CITY OF HOBOKEN, HOBOKEN CITY COUNCIL, CITY OF NEWARK, NEWARK CITY COUNCIL. (Attachments: # 1 Declaration of Colleen Roh Sinzdak in Support, # 2 Text of Proposed Order)(GREWAL, GURBIR) (Entered: 07/14/2025)

1 Declaration of Colleen Roh Sinzdak in Support

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2 Text of Proposed Order

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14 July 14, 2025

MOTION for Leave to Appear Pro Hac Vice by RAS J. BARAKA, RAVINDER S. BHALLA, C. LAWRENCE CRUMP, JAMES DOYLE, CITY OF HOBOKEN, HOBOKEN CITY COUNCIL, CITY OF NEWARK, NEWARK CITY COUNCIL. (Attachments: # 1 Declaration of Kristina Alekseyeva in Support, # 2 Text of Proposed Order)(GREWAL, GURBIR) (Entered: 07/14/2025)

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15 July 14, 2025

MOTION for Extension of Time to File Answer by RAS J. BARAKA, RAVINDER S. BHALLA, C. LAWRENCE CRUMP, JAMES DOYLE, CITY OF HOBOKEN, HOBOKEN CITY COUNCIL, CITY OF NEWARK, NEWARK CITY COUNCIL. (GREWAL, GURBIR) (Entered: 07/14/2025)

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16 July 15, 2025

LETTER ORDER granting 9 Motion for Extension of Time. Service of process having been executed on 6/23/2025, and for good cause shown, the time for the Jersey City Defendants to answer, move, or otherwise reply is extended by 45 days, to 8/28/2025. Signed by Magistrate Judge Andre M. Espinosa on 7/15/2025. (kht) (Entered: 07/15/2025)

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17 July 15, 2025

DECLARATION re 12 MOTION for Leave to Appear Pro Hac Vice by RAS J. BARAKA, RAVINDER S. BHALLA, C. LAWRENCE CRUMP, JAMES DOYLE, CITY OF HOBOKEN, HOBOKEN CITY COUNCIL, CITY OF NEWARK, NEWARK CITY COUNCIL. (GREWAL, GURBIR) (Entered: 07/15/2025)

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18 July 15, 2025

DECLARATION of Gurbir S. Grewal re 13 MOTION for Leave to Appear Pro Hac Vice by RAS J. BARAKA, RAVINDER S. BHALLA, C. LAWRENCE CRUMP, JAMES DOYLE, CITY OF HOBOKEN, HOBOKEN CITY COUNCIL, CITY OF NEWARK, NEWARK CITY COUNCIL. (GREWAL, GURBIR) (Entered: 07/15/2025)

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19 July 15, 2025

DECLARATION of Gurbir S. Grewal re 14 MOTION for Leave to Appear Pro Hac Vice by RAS J. BARAKA, RAVINDER S. BHALLA, C. LAWRENCE CRUMP, JAMES DOYLE, CITY OF HOBOKEN, HOBOKEN CITY COUNCIL, CITY OF NEWARK, NEWARK CITY COUNCIL. (GREWAL, GURBIR) (Entered: 07/15/2025)

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July 15, 2025

Set/Reset Motion and R&R Deadlines/Hearings

July 15, 2025

Set Deadlines as to 13 MOTION for Leave to Appear Pro Hac Vice, 12 MOTION for Leave to Appear Pro Hac Vice, 15 MOTION for Extension of Time to File Answer, 14 MOTION for Leave to Appear Pro Hac Vice . Motion set for 8/18/2025 before Magistrate Judge Andre M. Espinosa. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (ld)

20 July 16, 2025

ORDER extending time to answer through 7/28/2025. Signed by Magistrate Judge Andre M. Espinosa on 7/16/2025. (lag, ) (Entered: 07/16/2025)

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21 July 21, 2025

MOTION for Extension of Time to File Answer by RAS J. BARAKA, RAVINDER S. BHALLA, C. LAWRENCE CRUMP, JAMES DOYLE, CITY OF HOBOKEN, HOBOKEN CITY COUNCIL, CITY OF NEWARK, NEWARK CITY COUNCIL. (GREWAL, GURBIR) (Entered: 07/21/2025)

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July 21, 2025

Set/Reset Motion and R&R Deadlines/Hearings

July 21, 2025

Set Deadlines as to 21 MOTION for Extension of Time to File Answer . Motion set for 8/18/2025 before Magistrate Judge Andre M. Espinosa. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (lag, )

22 July 22, 2025

LETTER ORDER granting 21 Motion for Extension of Time to Answer until August 28, 2025. Signed by Magistrate Judge Andre M. Espinosa on 7/22/2025. (ld). (Entered: 07/22/2025)

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23 Aug. 5, 2025

NOTICE of Change of Address by GURBIR S. GREWAL (GREWAL, GURBIR) (Entered: 08/05/2025)

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24 Aug. 11, 2025

NOTICE of Appearance by OWEN TRENT CAMPBELL on behalf of ALEX MENDEZ, CITY OF PATERSON, PATERSON CITY COUNCIL, ANDREW SAYEGH (CAMPBELL, OWEN) (Entered: 08/11/2025)

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25 Aug. 18, 2025

ORDER GRANTING Motions for Leave to Appear Pro Hac Vice 12, 13, 14 as to NEAL K. KATYAL, ESQ., COLLEEN ROH SINZDAK, ESQ., KRISTINA ALEKSEYEVA, ESQ. Signed by Magistrate Judge Andre M. Espinosa on 8/19/2025. (adc, ) (Entered: 08/19/2025)

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26 Aug. 28, 2025

Letter from Gurbir S. Grewal. (GREWAL, GURBIR) (Entered: 08/28/2025)

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27 Aug. 28, 2025

Letter on behalf of Jersey City Defendants, City of Jersey City, Steven Fulop, Jersey City City Council and Council President Joyce Watterman. (Received via ECF Help Desk)(arm) (Entered: 08/29/2025)

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28 Aug. 28, 2025

Letter on behalf of Jersey City Defendants City of Jersey City, Steven Fulop, Jersey City City Council and Council President Joyce Watterman from BRITTANY M. MURRAY. (Received via ECF Helpdesk) (sm) (Entered: 09/02/2025)

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29 Aug. 28, 2025

Letter on behalf of City of Paterson Defendants, City of Paterson, Andre Sayegh, and Alex Mendez, from AYMEN A. ABOUSHI. (ld)(Received via ECF Helpdesk) (Entered: 09/02/2025)

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Sept. 2, 2025

CLERK'S QUALITY CONTROL MESSAGE - The Letter 29 submitted by the Clerk's Office Staff on 9/2/2025 is a duplicate of 28 . These submissions will remain on the docket unless otherwise ordered by the court. This message is for informational purposes only. (sm)

Sept. 2, 2025

CLERK'S QUALITY CONTROL MESSAGE - The Letter 28 submitted by the Clerk's Office Staff on 9/2/2025 is a duplicate of 27 . These submissions will remain on the docket unless otherwise ordered by the court. This message is for informational purposes only. (sm) Modified on 9/4/2025 (sm).

Sept. 2, 2025

QC - Duplicate Filings

30 Sept. 4, 2025

Letter from Plaintiff United States of America re 26 Letter, 29 Letter, 28 Letter. (CHEN, HANS) (Entered: 09/04/2025)

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31 Sept. 10, 2025

NOTICE of Appearance by SEAN SKEDZIELEWSKI on behalf of All Plaintiffs (SKEDZIELEWSKI, SEAN) (Entered: 09/10/2025)

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32 Sept. 22, 2025

TEXT ORDER: The Court has reviewed the parties' pre-motion letters. The Court will forgo a pre-motion conference and allow Defendants to proceed with filing their respective motions to dismiss. The parties shall jointly propose a briefing schedule. So Ordered by Judge Evelyn Padin on 9/22/2025. (bt) (Entered: 09/22/2025)

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Sept. 22, 2025

Text Order

33 Sept. 26, 2025

Letter from Gurbir S. Grewal re Motion to Dismiss Briefing Schedule. (GREWAL, GURBIR) (Entered: 09/26/2025)

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34 Oct. 1, 2025

LETTER ORDER granting the 33 Letter Request and adopting the proposed schedule: 10/14/2025: deadline for all Defendants to file Motions to Dismiss; 11/14/2025: deadline for Plaintiff to file a response to the Motions; 12/5/2025: deadline for all Defendants to submit replies in support of their Motions. Signed by Judge Evelyn Padin on 10/1/2025. (wh) (Entered: 10/01/2025)

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35 Oct. 14, 2025

NOTICE by UNITED STATES OF AMERICA re: the Court's Standing Order 2025-06 - Stay of Civil Matters Involving the United States as a Party (CHEN, HANS) (Entered: 10/14/2025)

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36 Oct. 14, 2025

MOTION to Stay by UNITED STATES OF AMERICA. (CHEN, HANS) (Entered: 10/14/2025)

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37 Oct. 14, 2025

MOTION to Dismiss Plaintiff's Complaint Pursuant to F.R.C,P. 12(b)(1) and (6) by RAS J. BARAKA, RAVINDER S. BHALLA, C. LAWRENCE CRUMP, JAMES DOYLE, CITY OF HOBOKEN, HOBOKEN CITY COUNCIL, CITY OF NEWARK, NEWARK CITY COUNCIL. Responses due by 11/14/2025. (Attachments: # 1 Memorandum of Law in Support, # 2 Text of Proposed Order, # 3 Certificate of Service)(GREWAL, GURBIR) (Entered: 10/14/2025)

1 Memorandum of Law in Support

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2 Text of Proposed Order

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3 Certificate of Service

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38 Oct. 14, 2025

MOTION to Dismiss by STEVEN M. FULOP, CITY OF JERSEY CITY, JERSEY CITY CITY COUNCIL, JOYCE E WATTERMAN. Responses due by 11/14/2025. (Attachments: # 1 Brief, # 2 Certification of Service, # 3 Text of Proposed Order)(MURRAY, BRITTANY) (Entered: 10/14/2025)

1 Brief

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2 Certification of Service

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3 Text of Proposed Order

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39 Oct. 14, 2025

MOTION to Dismiss by ALEX MENDEZ, CITY OF PATERSON, PATERSON CITY COUNCIL, ANDREW SAYEGH. Responses due by 11/14/2025. (Attachments: # 1 Brief in support of Motion, # 2 Certification in support of Motion, # 3 Text of Proposed Order)(CAMPBELL, OWEN) (Entered: 10/14/2025)

1 Brief in support of Motion

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2 Certification in support of Motion

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3 Text of Proposed Order

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Oct. 15, 2025

Set/Reset Motion and R&R Deadlines/Hearings

Oct. 15, 2025

Set Deadlines as to 36 MOTION to Stay . Motion set for 11/17/2025 before Magistrate Judge Andre M. Espinosa. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (lag, )

Oct. 15, 2025

Set Deadlines as to 38 MOTION to Dismiss, 37 MOTION to Dismiss Plaintiff's Complaint Pursuant to F.R.C,P. 12(b)(1) and (6), 39 MOTION to Dismiss . Motion set for 11/17/2025 before Judge Evelyn Padin. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (lag, )

40 Oct. 16, 2025

TEXT ORDER: Plaintiff has filed a motion to stay, D.E. 36, in which it represents that Defendants intend to oppose this motion. Defendants shall file any opposition to Plaintiff's motion to stay on or before 10/21/2025, and Plaintiff may reply by 10/27/2025. So Ordered by Judge Evelyn Padin on 10/16/2025. (bt) (Entered: 10/16/2025)

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Oct. 16, 2025

Text Order

41 Oct. 21, 2025

RESPONSE in Opposition filed by RAS J. BARAKA, RAVINDER S. BHALLA, C. LAWRENCE CRUMP, JAMES DOYLE, STEVEN M. FULOP, CITY OF HOBOKEN, HOBOKEN CITY COUNCIL, CITY OF JERSEY CITY, JERSEY CITY CITY COUNCIL, ALEX MENDEZ, CITY OF NEWARK, NEWARK CITY COUNCIL, CITY OF PATERSON, PATERSON CITY COUNCIL, ANDREW SAYEGH, JOYCE E WATTERMAN re 36 MOTION to Stay (GREWAL, GURBIR) (Entered: 10/21/2025)

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42 Oct. 21, 2025

NOTICE of Appearance by GIANCARLO GENARO PICCININI on behalf of STATE OF NEW JERSEY (PICCININI, GIANCARLO) (Entered: 10/21/2025)

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43 Oct. 21, 2025

MOTION for Leave to Appear Amicus Curiae by STATE OF NEW JERSEY. (Attachments: # 1 Brief)(PICCININI, GIANCARLO) (Entered: 10/21/2025)

1 Brief

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44 Oct. 21, 2025

MOTION for Leave to Appear Amicus Curiae by SIXTY-SIX CITIES, COUNTIES, AND ELECTED OFFICIALS. (Attachments: # 1 Memorandum, # 2 Exhibit A - Brief of Amici Curiae, # 3 Text of Proposed Order, # 4 Certificate of Service)(STAPLETON, JOHN) (Entered: 10/21/2025)

1 Memorandum

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2 Exhibit A - Brief of Amici Curiae

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3 Text of Proposed Order

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4 Certificate of Service

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Oct. 21, 2025

Set/Reset Motion and R&R Deadlines/Hearings

Oct. 21, 2025

Set Deadlines as to 43 MOTION for Leave to Appear Amicus Curiae. Motion set for 11/17/2025 before Magistrate Judge Andre M. Espinosa. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (adc, )

Oct. 22, 2025

Set/Reset Motion and R&R Deadlines/Hearings

Oct. 22, 2025

Set Deadlines as to 44 MOTION for Leave to Appear Amicus Curiae . Motion set for 11/17/2025 before Magistrate Judge Andre M. Espinosa. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (arm)

45 Oct. 24, 2025

MOTION for Leave to Appear Pro Hac Vice (GRAHAM PROVOST) by SIXTY-SIX CITIES, COUNTIES, AND ELECTED OFFICIALS. (Attachments: # 1 Certification of J. Stapleton, # 2 Certification of G. Provost, # 3 Text of Proposed Order)(STAPLETON, JOHN) (Entered: 10/24/2025)

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46 Oct. 24, 2025

MOTION for Leave to Appear Pro Hac Vice (TOBY MERRILL) by SIXTY-SIX CITIES, COUNTIES, AND ELECTED OFFICIALS. (Attachments: # 1 Certification of J. Stapleton, # 2 Certification of T. Merrill, # 3 Text of Proposed Order)(STAPLETON, JOHN) (Entered: 10/24/2025)

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47 Oct. 24, 2025

MOTION for Leave to Appear Pro Hac Vice (KARIANNE JONES) by SIXTY-SIX CITIES, COUNTIES, AND ELECTED OFFICIALS. (Attachments: # 1 Certification of J. Stapleton, # 2 Certification of K. Jones, # 3 Text of Proposed Order)(STAPLETON, JOHN) (Entered: 10/24/2025)

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Oct. 24, 2025

Set/Reset Motion and R&R Deadlines/Hearings

Oct. 24, 2025

Set Deadlines as to 47 MOTION for Leave to Appear Pro Hac Vice (KARIANNE JONES), 46 MOTION for Leave to Appear Pro Hac Vice (TOBY MERRILL), 45 MOTION for Leave to Appear Pro Hac Vice (GRAHAM PROVOST). Motion set for 11/17/2025 before Magistrate Judge Andre M. Espinosa. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (sm)

48 Oct. 27, 2025

REPLY to Response to Motion filed by UNITED STATES OF AMERICA re 36 MOTION to Stay (CHEN, HANS) (Entered: 10/27/2025)

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49 Oct. 28, 2025

TEXT ORDER: On 10/3/2025, Chief Judge Bumb issued Standing Order 2025-06, which immediately suspended, postponed, and held in abeyance all civil litigation involving as a party the United States of America with the exception of a very limited number of cases, including this one. Plaintiff has asked this Court to stay this action despite that order. D.E. 36 ("Motion to Stay"). Defendants have collectively opposed the Motion to Stay, D.E. 41, and Plaintiff has replied, D.E. 48 ("Reply").While Plaintiff acknowledges in its Reply that Chief Judge Bumb's Standing Order explicitly excluded this action from the stay, Plaintiff asserts that there is a risk of prejudice if required to continue prosecuting this action because "Department attorneys and staff assigned this matter are furloughed during the lapse in appropriations." Reply at 1. However, it is not clear to the Court, based on this representation, whether the risk of prejudice is present any more than when Chief Judge Bumb, despite recognizing this risk in all cases involving the United States as a party, decided to exclude this action from the stay.Furthermore, the Court finds that the nature of Plaintiff's allegations also weighs in favor of denying the Motion to Stay. The Court recognizes that Department of Justice attorneys are "prohibited from working, even on a voluntary basis, except in very limited circumstances, including 'emergencies involving the safety of human life or the protection of property.'" Reply at 1 (quoting 31 U.S.C. § 1342). And although Plaintiff states that this case does not involve such circumstances, id. at 1, the first paragraph of the Complaint alleges there is an ongoing "crisis of illegal immigration," D.E. 1 1. That paragraph cites to Proclamation 10,886, Declaring a National Emergency at the Southern Border of the United States, 90 Fed. Reg. 8327 (Jan. 20, 2025), which, among other things, references the "horrific and inexcusable murders of many innocent American citizens" and notes the "the gravity and emergency of this present danger and imminent threat." In the Court's view, the serious nature of Plaintiff's allegations warrants this action proceeding in its ordinary course.Accordingly, the Court DENIES Plaintiff's Motion to Stay. Plaintiff's failure to comply with the briefing schedule it previously agreed to, see D.E. 34, may result in dismissal of this action. So Ordered by Judge Evelyn Padin on 10/28/2025. (bt) (Entered: 10/28/2025)

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50 Oct. 28, 2025

MOTION for Leave to Appear Amicus Curiae by AMERICAN CIVIL LIBERTIES UNION OF NEW JERSEY AND 29 ORGANIZATIONS. (Attachments: # 1 Brief, # 2 Certification of Farrin R. Anello, # 3 Text of Proposed Order, # 4 Certificate of Service)(ANELLO, FARRIN) (Entered: 10/28/2025)

1 Brief

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2 Certification of Farrin R. Anello

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3 Text of Proposed Order

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4 Certificate of Service

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Oct. 28, 2025

Text Order

Oct. 30, 2025

Set/Reset Motion and R&R Deadlines/Hearings

Oct. 30, 2025

Set Deadlines as to 50 MOTION for Leave to Appear Amicus Curiae . Motion set for 12/1/2025 before Judge Evelyn Padin. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (ld)

51 Nov. 4, 2025

NOTICE of Appearance by JEANNE LOCICERO on behalf of AMERICAN CIVIL LIBERTIES UNION OF NEW JERSEY AND 29 ORGANIZATIONS (LOCICERO, JEANNE) (Entered: 11/04/2025)

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52 Nov. 4, 2025

NOTICE of Appearance by MOLLY KC LINHORST on behalf of AMERICAN CIVIL LIBERTIES UNION OF NEW JERSEY AND 29 ORGANIZATIONS (LINHORST, MOLLY) (Entered: 11/04/2025)

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53 Nov. 5, 2025

NOTICE of Appearance by EZRA D. ROSENBERG on behalf of AMERICAN CIVIL LIBERTIES UNION OF NEW JERSEY AND 29 ORGANIZATIONS (ROSENBERG, EZRA) (Entered: 11/05/2025)

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54 Nov. 6, 2025

Letter from from J. LoCicero regarding Pro Hac Vice submission on behalf of proposed amici the ACLU-NJ & 29 organizations. (Attachments: # 1 Text of Proposed Order, # 2 Certification of Delany Sisiruca, # 3 Certification of Jeanne LoCicero)(LOCICERO, JEANNE) (Entered: 11/06/2025)

1 Text of Proposed Order

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2 Certification of Delany Sisiruca

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3 Certification of Jeanne LoCicero

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55 Nov. 7, 2025

NOTICE of Appearance by KATHERINE ELIZABETH CONSIDINE on behalf of AMERICAN CIVIL LIBERTIES UNION OF NEW JERSEY AND 29 ORGANIZATIONS (CONSIDINE, KATHERINE) (Entered: 11/07/2025)

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56 Nov. 14, 2025

BRIEF in Opposition filed by UNITED STATES OF AMERICA re 39 MOTION to Dismiss, 38 MOTION to Dismiss, 37 MOTION to Dismiss Plaintiff's Complaint Pursuant to F.R.C,P. 12(b)(1) and (6) (CHEN, HANS) (Entered: 11/14/2025)

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57 Nov. 17, 2025

TEXT ORDER: On 11/14/2025, Plaintiff filed an overlength brief in violation of Local Rule 7.2. Plaintiff shall re-submit the brief by 11/19/2025 to comply with the page limits set forth in Local Rule 7.2. So Ordered by Judge Evelyn Padin on 11/17/2025. (bt) (Entered: 11/17/2025)

RECAP
Nov. 17, 2025

Text Order

58 Nov. 18, 2025

BRIEF in Opposition filed by UNITED STATES OF AMERICA re 39 MOTION to Dismiss, 38 MOTION to Dismiss, 37 MOTION to Dismiss Plaintiff's Complaint Pursuant to F.R.C,P. 12(b)(1) and (6) (amended brief) (CHEN, HANS) (Entered: 11/18/2025)

RECAP
59 Nov. 19, 2025

NOTICE of Appearance by JOHN MICHAEL MIANO on behalf of Federation for American Immigration Reform (MIANO, JOHN) (Entered: 11/19/2025)

RECAP
60 Nov. 20, 2025

Consent MOTION for Leave to File Brief Amicus Curiae by Federation for American Immigration Reform. (Attachments: # 1 Exhibit Proposed Brief, # 2 Text of Proposed Order)(MIANO, JOHN) (Entered: 11/20/2025)

RECAP
Nov. 21, 2025

Set/Reset Motion and R&R Deadlines/Hearings

Nov. 21, 2025

Set Deadlines as to 60 Consent MOTION for Leave to File Brief Amicus Curiae. Motion set for 12/15/2025 before Magistrate Judge Andre M. Espinosa. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mj)

61 Dec. 5, 2025

REPLY to Response to Motion filed by RAS J. BARAKA, RAVINDER S. BHALLA, C. LAWRENCE CRUMP, JAMES DOYLE, CITY OF HOBOKEN, HOBOKEN CITY COUNCIL, CITY OF NEWARK, NEWARK CITY COUNCIL re 37 MOTION to Dismiss Plaintiff's Complaint Pursuant to F.R.C,P. 12(b)(1) and (6) (Attachments: # 1 Certificate of Service)(GREWAL, GURBIR) (Entered: 12/05/2025)

1 Certificate of Service

View on PACER

RECAP
62 Dec. 5, 2025

REPLY to Response to Motion filed by ALEX MENDEZ, CITY OF PATERSON, PATERSON CITY COUNCIL, ANDREW SAYEGH re 39 MOTION to Dismiss Plaintiff's Complaint (Attachments: # 1 Certificate of Service Service)(CAMPBELL, OWEN) (Entered: 12/05/2025)

RECAP
63 Dec. 5, 2025

REPLY BRIEF to Opposition to Motion filed by STEVEN M. FULOP, CITY OF JERSEY CITY, JERSEY CITY CITY COUNCIL, JOYCE E WATTERMAN re 38 MOTION to Dismiss (Attachments: # 1 Certification of Service)(MURRAY, BRITTANY) (Entered: 12/05/2025)

RECAP
64 Dec. 9, 2025

TEXT ORDER: The Reply Brief filed by the Paterson Defendants, D.E. 62, does not comply with this Court's Local Rule that all PDF filings be text searchable and at a minimum 400 dpi. See L. Civ. R. 5.2. Defendants shall file a compliant brief on or before 12/10/2025. So Ordered by Judge Evelyn Padin on 12/9/2025. (bt) (Entered: 12/09/2025)

RECAP
65 Dec. 9, 2025

REPLY to Response to Motion filed by ALEX MENDEZ, CITY OF PATERSON, PATERSON CITY COUNCIL, ANDREW SAYEGH re 39 MOTION to Dismiss Plaintiff's Complaint - Corrected (Attachments: # 1 Certificate of Service Service)(CAMPBELL, OWEN) (Entered: 12/09/2025)

RECAP
Dec. 9, 2025

Text Order

66 Dec. 19, 2025

RENEWING THE MOTION TO INTERVENE, MOTIONING FOR STAY AND NOTICE OF PENDING 4TH CIRCUIT REVIEW by LYNAE KISA CRAWFORD. (sm) (Entered: 12/23/2025)

RECAP
67 Jan. 8, 2026

Substitution of Attorney - Attorney GIANCARLO GENARO PICCININI terminated. Attorney SURINDER K. AGGARWAL for STATE OF NEW JERSEY added.. (AGGARWAL, SURINDER) (Entered: 01/08/2026)

RECAP
Feb. 9, 2026

Motions No Longer Referred

Feb. 9, 2026

The 44 MOTION for Leave to Appear Amicus Curiae, 43 MOTION for Leave to Appear Amicus Curiae, 60 Consent MOTION for Leave to File Brief Amicus Curiae, and 50 MOTION for Leave to Appear Amicus Curiae no longer referred to the Magistrate Judge. Motion to be decided by the District Judge. (jd, )

68 March 5, 2026

ORDER granting 45 Motion for Leave to Appear Pro Hac Vice as to Graham Provost, Esq.. Signed by Magistrate Judge Andre M. Espinosa on 03/05/2026. (aji, ) (Entered: 03/05/2026)

RECAP
69 March 5, 2026

ORDER granting 46 Motion for Leave to Appear Pro Hac Vice as to TOBY MERRILL. Signed by Magistrate Judge Andre M. Espinosa on 3/5/2026. (jal, ) (Entered: 03/05/2026)

RECAP

Case Details

State / Territory:

New Jersey

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Administration 2.0: Litigation and Investigations By the Government

Key Dates

Filing Date: May 22, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The United States of America

Plaintiff Type(s):

Non-DOJ federal government plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City

City of Hoboken

City of Newark

City of Paterson

Jersey City

Case Details

Causes of Action:

Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA)

Constitutional Clause(s):

Supremacy Clause

Other Dockets:

District of New Jersey 2:25-cv-05081

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

None yet

Source of Relief:

None yet

Issues

Immigration/Border:

Sanctuary city/state

Recommended Citation