A federal appeals court overturned a law in New Jersey on Tuesday that banned private contractors from running immigration detention centers for the federal government.
The divided 2-1 ruling allows CoreCivic to continue running a private immigration detention center in Elizabeth, New Jersey, which the company has held a federal contract to operate since 1996.
“Just as the federal government cannot control a state, so too a state cannot control the federal government,” Circuit Judge Stephanos Bibas, a Trump appointee, wrote in the court’s opinion. “But sometimes their authorities overlap. In such cases, some state rules may legitimately burden the federal government….Sometimes, though, a state goes further, interfering directly with federal policy or ‘destroy[ing]’ it through ‘hostile legislation.’…And when it crosses that line, it violates the Constitution.
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