NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4614-19 ROBERT A. NOLAN, in his official capacity as CAPE MAY COUNTY SHERIFF, and COUNTY OF CAPE MAY, Plaintiffs-Appellants, v. GURBIR S. GREWAL, in his official capacity as ATTORNEY GENERAL OF THE STATE OF NEW JERSEY, and OFFICE OF THE ATTORNEY GENERAL, DEPARTMENT OF LAW AND PUBLIC SAFETY, DIVISION OF CRIMINAL JUSTICE, 1 Defendants-Respondents. _____________________________ Submitted November 4, 2021 – Decided January 26, 2022 Before Judges Hoffman, Whipple, and Susswein. 1 The caption in the parties' briefs incorrectly designates the Office of the Attorney General as the "Office of the State of New Jersey." On appeal from the Office of the Attorney General, Department of Law and Public Safety, Division of Criminal Justice. Jeffrey R. Lindsay, Cape May County Counsel, attorney for appellants (Jeffrey R. Lindsay, on the briefs). Andrew J. Bruck, Acting Attorney General, attorney for respondents (Jeremy Feigenbaum, State Solicitor, and Jane C. Schuster, Assistant Attorney General, of counsel and on the brief; Emily Marie Bisnauth, Marie Soueid, Emily Wanger, and Sean P. Havern, Deputy Attorneys General, on the brief). PER CURIAM Robert Nolan, in his official capacity as Cape May County Sheriff, and the County of Cape May (appellants) filed this action with this court on August 28, 2020, seeking a judgment declaring invalid and unenforceable Attorney General Law Enforcement Directive No. 2018-6 v2.0, also known as the Immigrant Trust Directive (Directive 2018-6 v2.0 or the Directive). The Attorney General issued the Directive, which places strict limitations on state, local, and county law enforcement agencies regarding their participation in the enforcement of federal immigration law, with the goal of improving public trust and clarifying the distinct roles of federal and state actors. Appellants contend the Attorney General's issuance of the Directive, without complying with the New Jersey Administrative Procedure Act (APA), A-4614-19 2 N.J.S.A. 52:14B-1 to -31, renders it invalid and unenforceable. We disagree, concluding that the Directive falls under the statutory exemptions for inter- agency and intra-agency communications, as well as the statutory exemption for statements concerning the internal management of an agency. N.J.S.A. 52:14B– 2. We therefore affirm the action of the Attorney General's issuance of Directive 2018-6 v2.0. I. We begin with a review of immigration law and prior Directives issued by the Attorney General regarding the participation of state, local, and county law enforcement agencies in the enforcement of federal immigration law. A. Background on Immigration Law Under our federal system, the federal government "has broad, undoubted power over the subject of immigration and the status of aliens," Arizona v. United States, 567 U.S. 387, 394 (2012), while the "States possess primary authority for defining and enforcing the criminal law." United States v. …
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Source: All recent Immigration Decisions In All the U.S. Courts of Appeals