Filed Date: April 15, 2024
Case Ongoing
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This case challenges a New Jersey State Bill prohibiting Immigration and Customs Enforcement (ICE) from entering into contracts with private service contractors for the detention of individuals by the federal government.
On April 15, 2024, plaintiff GEO Group, Inc – a private contractor operating a facility to hold federal, state, and county detainees – filed a lawsuit against the Governor and Attorney General of New Jersey (collectively, "New Jersey") in the United States District Court for the District of New Jersey. The case was assigned to Judge Robert Kirsch. Plaintiff was represented by private counsel, Davis Wright Tremaine LLP.
The complaint alleged that New Jersey State Bill AB-5207 (the “bill”), which prohibited private detention facilities, was preempted by 8 U.S.C. § 1231(g)(1)), which gives ICE broad discretion to determine where aliens are detained and to make arrangements with third parties to house federal detainees in contracted facilities. Additionally, the complaint alleged that as a contractor with the United States government, GEO Group “enjoys and is clothed in the federal government’s intergovernmental immunity under the Supremacy Clause.” GEO Group sought declaratory and injunctive relief, attorneys fees, and any other relief the court deemed proper.
On April 19, 2024, New Jersey filed a motion for preliminary injunction.On April 25, 2024, the court granted the preliminary injunction ordering that defendants were enjoined from enforcing the bill pending the Third Circuits’ ruling on an appeal of a similar case, CoreCivic, Inc. v. Governor of New Jersey, 23-2598. Additionally, the court ordered an administrative stay of all proceedings pending the Third Circuit’s decision in CoreCivic. Oral argument in CoreCivic is scheduled for May 1, 2025.
The case remains ongoing.
Summary Authors
Colton French (4/13/2025)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/68437691/parties/the-geo-group-inc-v-murphy/
BROUNELL, GEOFFREY S. (New Jersey)
LEVY, NATHANIEL ILAN (New Jersey)
See docket on RECAP: https://www.courtlistener.com/docket/68437691/the-geo-group-inc-v-murphy/
Last updated Aug. 10, 2025, 9:45 p.m.
State / Territory: New Jersey
Case Type(s):
Key Dates
Filing Date: April 15, 2024
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
GEO Group, Inc., a private contractor operating a facility to hold federal, state, and county detainees
Plaintiff Type(s):
Public (for-profit) corporation
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Defendant Type(s):
Case Details
Causes of Action:
Ex parte Young (federal or state officials)
Constitutional Clause(s):
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Content of Injunction:
Issues
Immigration/Border:
Jails, Prisons, Detention Centers, and Other Institutions: