Politics
Crisis in the Northwest: Fentanyl 'killing the mentally ill for a dollar a pill' in state with loose drug laws
This story is part of a series examining the drug and homeless crises plaguing Oregon. Read part one.
PORTLAND, Ore. – People sleeping — or passed out — in downtown Portland hardly get a second glance. Most pedestrians keep their eyes trained straight ahead as they walk past clouds of fentanyl smoke or slumped figures with lolling heads. Maybe they cross the street or look sidelong at someone who starts shouting or throwing things.
But Nikki is different.
A man sleeps in front of a business on Jan. 10, 2024, in Portland, Oregon. (Hannah Ray Lambert/Fox News Digital)
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“Are you okay? Are you sleeping?” she called out, approaching a cocooned form next to the light rail tracks. Somewhere inside the sleeping bag, a man grunted in response.
Nikki, who has been homeless for two and a half years, repeats this process any time she sees someone lying on the ground, making sure they’re responsive.
Fentanyl “literally makes people so careless that they will stand over someone who is dead or dying and continue to get high,” she said. It happened to one of her friends, a man in his mid-20s who appeared to be sleeping, but had died.
“They were gonna have a lot of life left,” she added.
A person smokes a foil of fentanyl on Park Avenue in downtown Portland, Oregon on Jan. 23, 2024. Possession of user amounts of all drugs became decriminalized in the state in February 2021 after voters approved Measure 110. The first-in-the-nation law turned possession into a Class E violation, punishable by a $100 fine. Selling and manufacturing drugs remains illegal. (Patrick T. Fallon/AFP via Getty Images)
State of emergency
Oregon has turned into a battlefield in the war over drug policy since the state became the first to decriminalize drug possession. Nearly 60% of voters approved Measure 110 but, three years later, numerous polls suggest they regret that move. And no other states have followed Oregon’s lead, despite assurances from researchers and decriminalization advocates that the law is not responsible for increased addiction, overdoses and crime.
State lawmakers are poised to re-criminalize drug possession in a special legislative session that begins Monday, though Democrats and Republicans have drafted competing bills. And Oregon Gov. Tina Kotek declared a 90-day state of emergency this week in downtown Portland, where the fentanyl crisis has been most pronounced.
“Our country and our state have never seen a drug this deadly and addictive, and all are grappling with how to respond,” Kotek, a Democrat, said in a release. “We are all in this together.”
WATCH: FENTANYL ‘KILLING THE MENTALLY ILL FOR A DOLLAR A PILL’
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Fentanyl strikes fear among even longtime drug users.
“This is creating zombies,” Lori, a homeless woman in Portland, told Fox News last summer. “This sh– should be illegal because they’re killing the mentally ill for a dollar a pill, because I guarantee ya, all these people have some kind of mental illness.”
Michael Dusek, who uses marijuana and meth, agreed.
“They’re incoherent most of the time, they’re babbling about something to themselves quite loudly, like they can’t hear themselves,” said Dusek, who has been homeless off and on since 1992. “They’re like living dead.”
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Overdose deaths in the state surged from 800 in 2020 to 1,394 in 2022, according to data from the Centers for Disease Control and Prevention. The overwhelming majority of fatal overdoses are now attributed to fentanyl, according to Oregon health data.
“It seems like we got all of Oregon coming, just to pick up fentanyl now,” Dusek said of Portland.
Decriminalization advocates point out that fatal overdoses surged across the country beginning in early 2020, not just in Oregon. Many analysts attribute the spike to isolation and despair during the coronavirus pandemic.
Regardless, Nikki said she has revived 32 people in the past year, collecting as many doses of naloxone as she can from clinics, shelters and even places where citizens have “just nailed a box to a tree or to a wall and keep it stocked with Narcan.”
It seems like we got all of Oregon coming, just to pick up fentanyl now.
Most fentanyl users Fox News spoke to were difficult — if not impossible — to understand. One woman chattered breathlessly while absently sorting syringes inside her tent, one hand protected by a blue latex glove. A 27-year-old man muttered that he was originally from Idaho, then lived on the Yakama Indian Reservation before a family member dropped him off in Portland so he could “live homeless and do drugs.”
“Most of them are mentally ill, and the families don’t wanna take care of them,” Lori said. “Or they’re sick and old and their families don’t take care of ’em.”
The rise of fentanyl
Methamphetamine was historically Oregon’s drug of choice. But around 2018, law enforcement started to see a trickle of fentanyl, and then a surge, outpacing cocaine, heroin and meth. The small blue pills looked like Oxycodone and were filling the void left after states cracked down on opioid prescriptions.
And they were cheap to produce.
“It doesn’t take a whole lot of fentanyl to meet the supply side for particular users to give them the effects that they want,” said Chris Gibson, executive director of the Oregon-Idaho High Intensity Drug Trafficking Area (HIDTA).
The number of pills law enforcement seized soared from about 100,000 in 2019, to more than 3 million in 2022, according to HIDTA’s annual report. And while preliminary data from 2023 shows the increase in pill seizures slowing, powder seizures more than tripled last year. Police who participate in the HIDTA reported finding more than 180 kg (nearly 400 lbs) of fentanyl powder, Gibson said.
“When you start thinking about the fact that it’s estimated that two milligrams of fentanyl is a lethal dose to a new user, we start seeing the dangers of that,” Gibson said.
The ingredients to make fentanyl are typically shipped from China to Mexico, Gibson said, then the finished product makes its way up the I-5 corridor from border to border, fanning out along the way.
“Oregon can’t control the southern border, but we have Honduran cartel members all in our urban areas pushing deadly fentanyl,” Clackamas County Commissioner Ben West said. “We can’t control that. But that costs Oregonians lives and it causes a lot of criminality and despair.”
But Oregon can control its drug policies, West said, and “elections have consequences.”
The end of the decriminalization experiment?
Measure 110 made possession of user amounts of all drugs, including fentanyl, a Class E violation, punishable by a $100 fine that could be waived if the suspect called a hotline and completed a treatment assessment. But it quickly became apparent that drug users were not calling the hotline or paying the fine.
The other major part of the law — and one that many decriminalization critics want to keep — was redirecting a large chunk of the state’s marijuana tax revenue to pay for addiction services, theoretically improving access to treatment. But that rollout was beleaguered by bureaucratic flubs and a tight implementation timeline.
Oregon approved $264 million in grants for more than 200 service providers as of December, according to the most recent audit from the Secretary of State’s office, which found issues with oversight and noted it has been difficult to demonstrate the new law’s effectiveness.
Many Oregon voters feel duped.
Numerous surveys show Oregonians support re-criminalizing hard drugs and making treatment mandatory, not voluntary, in order to avoid jail time. (Ramiro Vargas/Fox News Digital)
“I voted for it because I thought it would reclassify drug crimes and allow people to get into treatment and then it would be treatment focused,” Kristin Olson, an attorney and host of the Rational in Portland podcast, previously told Fox News.
But the majority of users who take advantage of Measure 110 funds are accessing harm reduction supplies like clean needles, pipes and Naloxone. Residential treatment and detox centers were not prioritized in grant spending, raising alarm among some providers, according to a recent audit of the measure.
“In Oregon, it’s really easy to get high and really, really hard to get treatment,” West said. “You would think we would want to reverse that culturally.”
Providers that “required sobriety for housing or supportive employment” were more likely to have their grant applications denied for not being “in line” with the spirit of the law, the audit also found.
“There’s a lot of money that is being put into out of sight, out of mind programs,” said Matt Maceira, who suffered from addiction and frequent homelessness for 27 years. “The money’s wasted is what I’m saying.”
In Oregon, it’s really easy to get high and really, really hard to get treatment.
After getting sober, Maceira founded Be Bold Street Ministries, a Christ-centered nonprofit. Volunteers can often be found praying with those living in one of Oregon’s biggest encampments, just across the Wilamette River from the state capitol. They tell them about shelter and detox options and, on a cold Friday in January, helped a 28-year-old meth user call and register for treatment.
Maceira opposed Measure 110 from the start.
“The decriminalization of deadly, mind-altering substances — you know what that will never produce? Decreased crime, increased public safety and lives saved,” he said. “But that’s what was promised.”
He said drug use is rampant at the low-barrier shelters prioritized by Measure 110.
“People are dying in those places. I’ve done celebrations of life services for people that have overdosed at low-barrier shelters,” he said, adding that he would rather see providers require sobriety.
Matt Maceira hugs a friend Jan. 12, 2023, in the homeless encampment at Wallace Marine Park in Salem, Oregon. Maceira lived in the camp when he was homeless and now comes back to share the gospel and help those who are ready enter treatment for addiction. (Hannah Ray Lambert/Fox News Digital)
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“Letting people use methamphetamine, fentanyl and heroin or any other deadly substance is not compassionate,” he said. “Having a rule that says, ‘Hey, government money is paying for this, you can’t use drugs here,’ is a really loving message. Like, I actually care about you. I don’t want to see you be another statistic.”
Measure 110 a top priority in special legislative session
Democrats, who control both chambers of the state legislature, have signaled they want to make drug possession a Class C misdemeanor, the lowest crime classification available in the state. Their proposal offers numerous off-ramps for those caught with drugs to avoid charges.
Republicans, meanwhile, released a bill that would make possession of drugs like fentanyl, heroin and meth a Class A misdemeanor and would require treatment to avoid jail. If convicted, drug users could face up to a year behind bars, a $6,250 fine, or both. They argue the stiffer penalties are necessary to incentivize people to get clean.
Lawmakers will meet for a short session beginning Feb. 5. It’s not clear whether the sides can compromise.
“We’re not looking to put a Band-Aid on something,” GOP Rep. Lucetta Elmer said. “We’re looking to actually see effective change.”
Elmer is particularly passionate about addressing youth addiction.
“A tragedy that came out of Measure 110 is that there was no differentiation between youth and adults,” she said. “If a youth is caught with alcohol, they actually would get a minor in possession charge. But if that same youth is caught with fentanyl, under Measure 110, that’s decriminalized.”
Danielle Bethell, president of the Association of Oregon Counties, said she doesn’t know any county commissioners who favor locking up drug addicts.
“That’s just not the narrative,” Bethell said. “The reality, though, is that everybody who has an addiction needs help. And most of them, if not all, need a nudge. And that nudge doesn’t exist anymore.”
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Yamhill County Sheriff Sam Elliott said his rural community had a “very successful drug court program” that helped people recover from addiction and avoid a felony conviction. Now, that’s essentially nonexistent.
“When you give them a violation citation that they don’t have to appear on … they don’t come back in and have that interaction with those resources,” he said.
Decriminalization advocates don’t want change, though, arguing the law is “doing its part to address drug use and addiction with a health approach,” according to the George Soros-backed Drug Policy Alliance, which poured millions into the campaign for Measure 110.
“Our opponents are using it as a scapegoat for other, longstanding issues such as homelessness, crime, and public disorder,” the group’s website reads. The alliance did not respond to multiple interview requests.
Researchers at New York University’s Grossman School of Medicine wrote in a September paper that they found no evidence of an association between decriminalization and fatal overdose rates in Oregon.
A woman sits inside her tent filled with syringes, a pipe, foil and other drug paraphernalia in Portland, Oregon, in July 2023. (Hannah Ray Lambert/Fox News Digital)
Gibson with the HIDTA and Elliott both said it’s difficult to attribute fentanyl’s rise in Oregon to Measure 110. The law took effect during the coronavirus pandemic, when overdose rates rose nationwide. And fentanyl has been ravaging east coast communities like Philadelphia’s notorious Kensington neighborhood for nearly a decade.
But Oregonians and their representatives seem unwilling to continue the experiment.
“I really think there is an opportunity to completely course correct,” Maceira said, by “not allowing people to use those deadly substances or be okay with it.”
Ramiro Vargas contributed to the accompanying video.
Politics
Trump administration pledges $150M in aid, deploys Navy warships after deadly Venezuela earthquakes
Secretary Rubio details US aid to Venezuela after earthquakes
Secretary Rubio, in Manama, Bahrain, outlines the comprehensive U.S. government response to the devastating back-to-back earthquakes in Venezuela. He confirms immediate deployment of search and rescue teams, medical resources and humanitarian assistance, emphasizing the urgency to save lives. Rubio reiterates President Donald Trump’s commitment to supporting Venezuela and collaborating with international partners on recovery efforts and long-term stability.
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Following a catastrophic set of earthquakes that left at least 235 people dead in Venezuela, the Trump administration has activated a government-wide humanitarian response, pledging $150 million in aid and deploying U.S. Navy warships to assist in life-saving rescue operations.
The rapid mobilization Thursday comes after back-to-back magnitude 7.2 and 7.5 earthquakes rocked northern Venezuela roughly 120 miles west of Caracas Wednesday night.
The rare earthquake “doublet” injured more than 940 people and turned the state of La Guaira into a disaster zone, while forcing the closure of the damaged Simón Bolívar International Airport, according to Venezuela’s Health Ministry.
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Rescuers search for victims in a collapsed building following an earthquake in Caracas on June 24, 2026. (Manaure Quintero / AFP via Getty Images)
The U.S. Department of State announced on Thursday it is mobilizing $150 million in aid, which includes $50 million in new bilateral awards for relief partners on the ground — such as Samaritan’s Purse, Catholic Relief Services and World Vision — along with a $100 million contribution to a United Nations humanitarian pooled fund.
To spearhead efforts on the ground, the State Department has deployed a regional Disaster Assistance Response Team alongside two highly specialized urban search-and-rescue teams from fire departments in Fairfax County, Virginia, and Los Angeles County, California.
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Members of the County of Los Angeles Fire Department’s international urban search and rescue team (USA-2) prepare to leave for Venezuela, in Pacoima, Calif., Thursday. (Blake Fagan/AFP via Getty Images)
U.S. Southern Command (SOUTHCOM) said it is surging assigned U.S. military forces to the region, directing the USS Fort Lauderdale and the USS Billings to Venezuela to back the State Department-led operations.
The USS Fort Lauderdale will serve as a “floating command center” with a flight deck to support heavy-lift helicopters and a well deck to launch landing craft, according to SOUTHCOM.
Meanwhile, the agile USS Billings will provide critical support close to the shorelines to accelerate the disaster response missions.
U.S. SOUTHCOM said it has directed USS Fort Lauderdale (LPD 28) and USS Billings (LCS 15) to Venezuela to support State Department-led U.S. government relief operations in Venezuela. (@Southcom/X)
SOUTHCOM said it is also sending rotary-wing aircraft, which will provide critical life-saving airlift support, transporting U.S. government response personnel, search and rescue teams and partners during relief operations.
Amid the crisis, the State Department emphasized that the safety of U.S. citizens remains the administration’s highest priority.
“The Trump Administration has no higher priority than the safety and security of Americans. The Department of State is working tirelessly to provide consular assistance to U.S. citizens and their families in the affected areas,” officials wrote in a statement. “The United States remains steadfast in its commitment to helping Venezuela recover from this devastating disaster and will continue to explore additional ways to provide meaningful assistance during this critical time.”
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U.S. citizens in Venezuela are urged to enroll in the Smart Traveler Enrollment Program (STEP) and can contact the State Department 24/7 at 202-501-4444 for emergency assistance.
Family members in the U.S. seeking information on loved ones can call toll-free at 888-407-4747.
Politics
Controversial billionaire tax proposal will appear on November ballot
Proponents of a tax on California billionaires vowed on Thursday to move forward with their November ballot measure despite mounting opposition from many of the state’s most powerful political forces.
A labor union spent $31 million gathering signatures to qualify the measure for the ballot in an effort to offset federal healthcare funding cuts that will affect millions of California’s most vulnerable residents. A representative for the campaign supporting the ballot measure pushed back at opposition to the effort as self-entitled wealthy Californians and entrenched Sacramento interests.
“While a few morally bankrupt billionaires and their buddies in Sacramento want to see California’s hospitals close, and tax breaks for billionaires protected — I assure you, the vast majority of voters do not,” said Debru Carthan, a spokesperson for the Billionaire Tax Now Coalition, which is funded by the Service Employees International Union-United Healthcare Workers West, the sponsor of the proposal.
California Secretary of State Shirley Weber is expected to officially certify the measure to appear on the Nov. 3 ballot on Thursday evening.
Carthan said their effort has support in public opinion polls, and from lawmakers, unions, community organizations and volunteers across the state, “something the billionaires and their buddies will never have.” And she criticized Gov. Gavin Newsom for opposing the measure, saying that he is in “lock-step” with President Trump and billionaires.
“Gov. Newsom has no plan,” Carthan said during a Thursday evening news conference. “He has no plan to stop emergency rooms from closing. He has no plan for your healthcare costs. He has no plan to make sure that your family doesn’t have to drive further and wait longer to get medical care. Gov. Newsom has no plan to fix one of Trump’s deadliest domestic policy blunders.”
Rep. Ro Khanna (D-Fremont) also attacked the governor, though not by name.
“If you’re opposed to this tax, you’re on the side of trickle-down economics,” Khanna said. “You’re protecting the very, very rich, as opposed to standing up for the working class.”
Both Khanna and Newsom are considering running for president in 2028.
The Newsom administration did not respond to a request for comment Thursday evening.
A coalition of healthcare, education, public safety, housing, business and labor leaders opposed to the proposal warned that it would make the state’s notoriously unstable budget even more unpredictable.
“The dangerous wealth tax directly threatens vital funding for education and schools, healthcare and clinics, public safety, and infrastructure projects by making California’s revenue even more volatile,” the leaders of the California Medical Assn., the California Primary Care Assn. and the California School Boards Assn. said in a statement. “That’s why so many leaders – both Democrats and Republicans – are joining us and saying NO. We look forward to ensuring voters have the facts, know the stakes, and resoundingly reject this reckless experiment in November.”
Supporters of the one-time proposed 5% tax on the assets of the state’s wealthiest residents pitched the effort as a stop-gap measure to offset devastating federal healthcare funding cuts passed by the GOP-led Congress and signed by President Trump nearly one year ago. The federal legislation is expected to result in $100 billion in cuts that would affect California’s most vulnerable residents.
The proposed tax, which would be retroactive to billionaires who lived in the state as of Jan. 1, drew predictable opposition from the wealthy, notably Silicon Valley tech leaders.
But it notably divided liberals. While Sen. Bernie Sanders (I-Vt.) and Khanna supported the proposal, Newsom was among the Democrats who opposed it because of fears about the potential impact on the state’s volatile budget.
Despite being the fourth largest economy in the world — the home of Hollywood and Silicon Valley — California’s budget is extremely dependent on the state’s most prosperous residents.
Newsom and others who generally support increasing taxes on the wealthiest Americans also argued that the proposed billionaire tax in California was poorly crafted and that any such levies ought to be enacted nationally, because varying state policies would be ineffective.
Opponents also argued that the political priority in the 2026 midterm election should be squarely focused on efforts to make sure Democrats regain control of Congress to serve as a counter balance during the final two years of Trump’s presidency.
“It’s disappointing. This is a critical election where we need to concentrate on flipping the house and undoing the damage that was done” by Trump’s legislation that led to the healthcare funding cuts, said Jodi Hicks, chief executive and president of Planned Parenthood Affiliates of California. The wealth tax “is short term and doesn’t address what is the long-term problem. And I’m not even sure the policy is a viable solution. It’s so critical to be sending the right message — holding Congress accountable and how we need to find long-term solutions to make sure Californians have access to healthcare.”
Dave Regan, the president of SEIU-United Healthcare Workers West, lashed out at the leadership of Planned Parenthood as “out of touch” with their workers and their patients.
Rob Lapsley, co-chair of Californians Against Tax Increases and president of the California Business Roundtable, argued that the proposed wealth tax would ultimately affect every Californian.
“Strip away the spin, and this measure forces every California taxpayer, not just billionaires, to file a sworn declaration of their net worth with the Franchise Tax Board under penalty of perjury,” Lapsley said in a statement. “And it hands the Legislature the power to extend the wealth tax to all Californians and every kind of property, including home equity, retirement savings without ever returning to the voters – effectively gutting” voter-approved caps on property tax increases.
Supporters of the tax submitted nearly 1.6 million signatures in April to qualify the proposal for the ballot, roughly double the number required. However, support for the effort has grown increasingly shaky. Newsom’s team created a broad coalition of opponents, including healthcare and education activists, that undercut the foundational argument for the tax.
The union that crafted the proposal responded last week by proposing a legislative alternative that would create a 2% tax on billionaire’s assets. It was flatly refused by the Newsom administration. No deal was reached by the Thursday evening deadline for the union to withdraw the proposal from the November ballot.
Two efforts that were crafted to sink the proposed billionaire tax — dubbed poison pills — also qualified for the Nov. 3 ballot, according to the California Secretary of State’s office. One would bar new state taxes on personal property, while the other prohibits any new taxes being exempted from existing state spending rules and to be regularly audited. If the billionaire tax proposal is approved by voters but either of the other proposals receives more votes, the tax measure would be voided.
“We will not allow California’s most vulnerable patients to be used as political pawns,” said Francisco Silva, president and CEO of the California Primary Care Assn. “Our broad coalition will mount an aggressive campaign to educate voters, defeat this reckless initiative, and protect care for millions of patients.”
The proposed billionaire tax would apply to more than 200 Californians, some of whom proactively left the state or moved their companies out of California because of the proposal.
The prospect of the wealthy fleeing the state is among the reasons that prominent Democrats such as Newsom opposed it, given California’s budget being so reliant on the state’s most prosperous residents.
Sergey Brin, a co-founder of Google, is among the billionaires who have reportedly moved out of California because of the tax proposal. He donated at least $82 million to an organization that is funding efforts to invalidate the proposed billionaire tax.
Ballot measure proponents had a Thursday evening deadline to withdraw their proposals.
Other policy proposals that will appear on the Nov. 3 ballot include:
- Requiring government-issued voter identification to cast ballots in elections.
- Reforming the California Environmental Quality Act, once a third-rail in Democratic politics that has become increasingly scrutinized in the rebuilding in the aftermath of the Palisades and Eaton wildfires.
- Creating a $11.3-billion affordable housing bond.
Two notable proposals were pulled off the ballot after negotiations between the California Hospital Assn. and labor unions:
- An effort to limit healthcare executives’ compensation.
- A union proposal by the same union backing the billionaire tax that would have required many healthcare clinics to spend 90% of their revenue to serve low-income and underserved residents.
Politics
Biden judge rejects Trump’s sanctuary cities lawsuit, says even a win wouldn’t solve DOJ’s problem
Authorities investigate ICE ramming incident in New Jersey
Criminal defense attorney Josh Ritter and former NYPD Lt. Darrin Porcher react to the New Jersey incident where an illegal alien allegedly rammed an ICE agent. They emphasize the staggering 3300% increase in vehicle attacks against law enforcement officers.
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A federal judge has tossed the Trump administration’s lawsuit against four New Jersey sanctuary cities, ruling the Justice Department targeted local policies that largely mirror a statewide immigration directive — meaning a court victory wouldn’t eliminate restrictions on ICE cooperation.
U.S. District Judge Evelyn Padin of the District of New Jersey, who was appointed by President Joe Biden, on Wednesday dismissed the Department of Justice’s lawsuit against Newark, Hoboken, Jersey City and Paterson, ruling the federal government lacked standing because striking down the cities’ policies would not remedy its alleged injuries.
“The Federal Government’s case has a fundamental flaw — it treats the Challenged Policies as though they operate in isolation. They do not,” Padin wrote. “New Jersey’s Immigrant Trust Directive is a statewide directive that, like the Challenged Policies, limits voluntary cooperation with federal civil immigration enforcement beyond what the law requires.”
The lawsuit was part of President Donald Trump’s renewed immigration crackdown following his return to office. Since declaring a national emergency at the southern border on Jan. 20, 2025, the administration has aggressively targeted so-called sanctuary jurisdictions, arguing that local policies limiting cooperation with ICE obstruct federal immigration enforcement and violate the Constitution.
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Immigration and Customs Enforcement (ICE) agents stand outside Delaney Hall detention center in Newark, New Jersey. 5/28/26. (Rashid Umar Abbasi for Fox News Digital.)
The Justice Department filed the lawsuit in May 2025, arguing the four cities’ sanctuary policies violate the Constitution’s Supremacy Clause by interfering with federal immigration enforcement, including limiting voluntary cooperation with ICE, restricting information sharing, declining to honor certain immigration detainers and barring participation in civil immigration enforcement beyond what federal law requires.
Newark, Hoboken and Jersey City each adopted executive orders declaring themselves “fair and welcoming” or “sanctuary” cities, while Paterson implemented police procedures designed to comply with New Jersey’s immigrant protections. The cities have argued the policies preserve community trust and allow local police to focus on state and local crime rather than federal civil immigration enforcement.
But Padin did not address the question of whether the sanctuary policies are constitutional. Instead, she ruled the federal government lacked standing because New Jersey’s Immigrant Trust Directive independently imposes many of the same restrictions on law enforcement agencies across the state.
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New Jersey Gov. Mikie Sherrill said ICE is denying her access to Newark’s Delaney Hall detention center. (Rashid Umar Abbasi for Fox News Digital; Daniel Heuer/Bloomberg via Getty Images)
The directive, first issued under former Gov. Phil Murphy in 2018 and codified into state law by Gov. Mikie Sherrill earlier this year, limits when state and local police can cooperate with federal immigration authorities on civil immigration enforcement.
Because the statewide directive wasn’t challenged in this case, Padin concluded that even if she struck down the cities’ policies, many of the same restrictions would remain in place.
“Even if the Court enjoined the Challenged Policies,” she wrote, “its injuries would persist.”
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That directive has already survived multiple legal challenges. The Third Circuit upheld it after New Jersey counties argued it conflicted with federal immigration law, and the Justice Department later sued New Jersey directly over the policy, lost and did not appeal.
“No judgment here could invalidate the ITD or relieve municipal law enforcement officers of their independent obligation to follow it,” Padin wrote.
U.S. Immigration and Customs Enforcement agents are seen at Terminal 1 of JFK Airport in New York City. An ICE agent saved the life of a 1-year-old boy at JFK after performing the Heimlich maneuver, the Department of Homeland Security said. (Getty Images)
The opinion also faulted the government for failing to identify concrete injuries caused solely by the cities’ policies. While the Justice Department cited several instances in which ICE detainers allegedly were ignored, every example involved the Essex County Correctional Facility, a county-operated jail that is not a defendant in the lawsuit and is governed by the statewide directive.
“The Federal Government must plead facts that substantiate its feared harm,” Padin wrote.
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Padin dismissed the lawsuit without prejudice, meaning the administration isn’t barred from bringing the case again if it can overcome the standing issue.
The Justice Department declined to comment.
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