NJ Courts Can't Order Detainment of Immigrants to Thwart Deportation
The Appellate Division's ruling examines the state bail reform law's interaction with federal immigration law.
July 09, 2020 at 12:12 PM
4 minute read
A New Jersey appeals court has ruled in a precedential decision that state courts cannot order criminally charged immigrants facing deportation to be detained in state custody to ensure that they are not removed from the country by federal immigration authorities before trial.
The Appellate Division's ruling, which examines the state bail reform law's interaction with federal immigration law, comes in the consolidated appeals of defendants Juan Molchor and Jose Rios, who were arrested and charged with second-degree assault after allegedly smashing bottles over an acquaintance's head at a party.
According to Appellate Division Judge Mitchel Ostrer's opinion Wednesday, the prosecution argued that the pair were a flight risk because of their undocumented status. Prosecutors also expressed concern that if they were taken into U.S. Immigration and Customs Enforcement custody, they could be deported without the "benefit of justice from having a fair trial."
The Gloucester County Law Division ordered their detention, reasoning it would ensure the appearance of the defendants at trial, over the objection of defense attorneys, who argued their clients did not pose a flight risk because of their lack of criminal history, according to the decision.
Appeals followed, and the defendants raised the issue of whether New Jersey's Criminal Justice Reform Act authorizes a court to detain undocumented immigrants after arrest in order to stop their potential removal by ICE and ensure they appear at trial.
"Construing the Act in light of its legislative history and persuasive federal authority, we conclude it does not," Ostrer wrote Wednesday, joined on the panel by Appellate Division Judges Carmen Messano and Ronald Susswein.
"Rather, the risk of a defendant's failure to appear justifying detention must arise from the defendant's own misconduct, not the independent acts of a separate arm of government that may prevent a defendant from appearing," Ostrer said.
He continued, "The trial court erred in detaining defendants in part out of concern that their possible removal from the country would prevent their appearance at trial. The trial court also lacked sufficient evidence for its finding that no conditions would reasonably assure that they would not obstruct justice, and, in Rios's case, would not pose a risk to the safety of others."
The court remanded the case for reconsideration, instructing the lower court to weigh the risk of the defendants' flight against their own potential for misconduct.
"We also vacate the court's findings, as lacking sufficient evidence in the record, that defendants posed an unmanageable risk that they would obstruct justice by retaliating against the alleged victim, or that Rios posed a risk of danger to others or the community," Ostrer said. "The court did not consider the efficacy of other possible conditions to reasonably assure that defendants would not obstruct the criminal justice process. Simply asserting that defendants resided within a five-minute drive from the alleged victim does not suffice by itself to support detention."
The New Jersey Public Defender's Office represents Rios. Tamar Lerer, assistant deputy public defender with the Appellate Section, stated: "We are very gratified by today's well-reasoned decision, which ensures that all New Jerseyans will be treated equally by New Jersey courts implementing the Criminal Justice Reform Act."
Cristina Vazquez, the attorney representing Molchor, couldn't be reached at numbers listed for her in the state judiciary's online attorney index.
A spokesman for the Gloucester County Prosecutor's Office, which is prosecuting each defendant's case, also couldn't be reached. Jonathan Amira, a special deputy attorney general and acting assistant prosecutor, argued for the state.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllAG Had No Authority to Take Control of Paterson PD, Appellate Division Says
4 minute read'Sad That We Have to Do This': Senate Judiciary Passes Bill Temporarily Addressing Public Notice Crisis
3 minute readSenate Judiciary Committee OKs Retired Judge for New Role, Advances 6 Superior Court Nominees
4 minute readDispute Over Failure to Accommodate Disability Ends in $900K Settlement
3 minute readTrending Stories
- 15th Circuit Overturns OFAC’s Tornado Cash Sanctions
- 2The Forgotten Ballot: Expanding Voting Access for Incarcerated Populations
- 3Data Breaches, Increased Regulatory Risk and Florida’s New Digital Bill of Rights
- 447. If Clients Won’t Buy Your Knowledge, What Will They Buy?
- 5Law Firm Office Growth in Pennsylvania Lagged in 2024
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250