NJ Bail Rules for Immigrants & ICE Holds Are Under Consideration

One of the hottest issues confronting the NJ criminal justice community involves the impact that convictions and arrests have on those who are illegal aliens, green card holders, or who are here under a student visa. There are a number of problems which arise for these individuals including, but not limited to, whether the individual may be bailed out in the normal course or whether an ICE detainer applies. The situation can obviously get very complicated and the NJ Supreme Court is now considering exactly how the situation should be handled as shortcomings in the current system cut both ways.

Typically, our NJ Bail Attorneys are retained to assist in getting someone bailed out because they want to remain in the US and New Jersey. However, there are also those instances where an individual is facing severe charges in NJ such that he would rather be deported than face the prospect of sitting in a New Jersey jail for years. While County and State law enforcement have worked hard to prevent suspects from slipping through the cracks and escaping prosecution by virtue of deportation, the system has its flaws. There are also those instances (this is the majority of cases) where a non-citizen sits in jail on a ICE detainer for days or even months on a very minor charge.

The Supreme Court of NJ just heard arguments in a case involving these complex deportation issues. We can only hope that uniform policies shall be set by the Court such that there is more predictability in the system. 

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