Thread: NJ-Tougher bail OK'd for deportation risks

Tougher bail OK'd for deportation risks
Thursday, April 9, 2009
Last updated: Thursday April 9, 2009, 6:50 AM
BY ELIZABETH LLORENTE




Morris County Prosecutor Robert Bianchi says he has gotten tougher bail terms for inmates at the Morris County Jail who may escape prosecution for serious crimes through deportation.

Bianchi says his office began requesting the tougher bail terms in state Superior Court earlier this year, after a Honduran illegal immigrant who was charged with sexual assault of a child posted 10 percent of a $75,000 bail and came close to being deported without facing the charges.

The prosecutor said that the bail terms for several inmates — he did not have the exact number immediately available — were altered from, say, allowing a percentage — usually 10 percent — to be posted to requiring the full amount in cash.

"I had my assistant prosecutors going through every single person's file that had an [immigration] detainer against them, and whose cases weren't adjudicated yet," Bianchi said. "We evaluated for the worst of the worst. We went and asked the judge for changes in bail in cases of great significance, first- and second-degree cases, crimes of a serious nature."

An immigration detainer tags an immigrant for arrest by federal agents and subsequent deportation.

Michael Fletcher, the public defender representing Manuel Fajardo-Santos, the Honduran charged with child molestation, said Bianchi has gotten bail terms altered for about a dozen inmates at the county jail. Bianchi says none of the bail term changes have been appealed.

Civil rights activists and some attorneys have objected to Bianchi's pursuit of higher bail and tougher bail terms, saying it would be unconstitutional to set bail differently based on immigration status.

"While we applaud the intent of the county prosecutor, which is to ensure that those charged with first- and second- degree offenses are prosecuted," said Charles "Shai" Goldstein, executive director of the New Jersey Immigration Policy Network, "we're concerned that a new blanket policy can create problems and lead to negative unintended consequences."

Bianchi says his efforts are not about illegal immigration, and that he would seek tougher bail terms against anyone who posed a flight risk.

The new practice of seeking tougher bail terms has unfolded as the New Jersey Supreme Court prepares to hear later this month Bianchi's request, endorsed by the state county prosecutors' association, that higher bail be allowed for immigrants who have an immigration detainer on them.

In addition, Rep. Rodney Frelinghuysen, R-Harding, has introduced a bill in Congress that would allow state officials to request the suspension of the deportation of an immigrant who is charged with a serious crime.

E-mail: llorente@northjersey.com



http://www.northjersey.com/news/crimean ... risks.html

"While we applaud the intent of the county prosecutor, which is to ensure that those charged with first- and second- degree offenses are prosecuted," said Charles "Shai" Goldstein, executive director of the New Jersey Immigration Policy Network, "we're concerned that a new blanket policy can create problems and lead to negative unintended consequences."

So, what the crap could the problems and negative unintended consequences? Are you saying that there could be problems because the Immigration Policy Network does not agree that all these illegals have to suffer in jail like regular citizens?