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United States v. New Haven

New Haven asks court to dismiss federal lawsuit attacking its local immigration policy

New Haven is asking the court to dismiss DOJ’s lawsuit against the city over its local immigration policy. DOJ challenged New Haven’s executive order restricting city employees from using city resources for federal civil immigration enforcement, including by limiting compliance with ICE administrative detainer requests and inquiring into immigration status. 

Represented by Public Rights Project, New Haven filed a motion to dismiss, arguing that federal law does not require cities to take part in civil immigration enforcement. The city also argues that the Constitution’s 10th Amendment prevents the federal government from forcing state and local officials to carry out federal programs and that the DOJ’s claims ignore that limit. 

The executive order, issued by the mayor in 2020, directs New Haven police and other city officials to focus on promoting the health and safety of all residents, rather than carrying out federal civil immigration demands. The executive order is designed to:

  • Promote public safety by fostering trust between residents and local law enforcement
  • Prevent crime by ensuring local resources are directed to criminal law enforcement
  • Ensure New Haven complies with state law, which regulates how local officials can work with federal immigration enforcement.

This is the third lawsuit we have filed on behalf of local governments defending public safety laws. In a significant prior victory, Public Rights Project and the city of Boston successfully defeated a DOJ challenge to Boston’s Trust Act in May 2026.

Read the motion to dismiss.

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