A federal appeals court will hold a hearing in late April or early May to determine the legality of a 2021 New Jersey law banning immigration detention center contracts, according to a court document.
A federal judge ruled in 2023 that New Jersey couldn’t ban private prison operators from contracting with immigration agencies because of the U.S. Constitution’s supremacy clause, which prevents state law from overruling federal law. That ruling, which Attorney General Matt Platkin appealed, opened the door for private prison company GEO Group to begin the process of reopening a 1,000-bed detention center in Newark, a move that has drawn ire from immigration advocates.
The initial 2023 ruling came in a case from private prison operator CoreCivic.
The hearing will be held the week of April 28, according to a scheduling order. The Third Circuit of the Court of Appeals in Philadelphia will hear the case.
GEO Group sued New Jersey last year in a separate case, asking a federal judge to once again rule the 2021 law unconstitutional.
GEO Group said last month it signed a 15-year Delaney Hall contract with ICE expected to be worth about $60 million a year. A spokesperson for Platkin told the New Jersey Monitor said private detention centers “threaten the public health and safety of New Jerseyans, including when used for immigration purposes.”