New bail rules for immigrants sought
Wednesday, February 18, 2009
BY SAMANTHA HENRY

NEWARK — New Jersey is seeking to change the way bail is set for immigrants who are charged with crimes while they are waiting to be deported.

A county prosecutor with the support of New Jersey Attorney General Anne Milgram wants the state to close what he says is a loophole that allowed a Honduran immigrant to be released from jail and deported before he could face sexual assault charges in Morristown.

Morris County Prosecutor Robert Bianchi has asked the state Supreme Court to rule on whether bail can be set higher when charges are filed locally against an immigrant who has a federal immigration detainer — a notification that they’ve been identified for deportation.

"Once a loophole gets exploited, and people know about it, people start availing themselves of it," Bianchi said.

Without court action, Bianchi said, "this is a justice epidemic — as close to a criminal law calamity as I’ve ever seen in my years of practice."

Rep. Rodney Frelinghuysen, R-Morristown, said he plans to introduce legislation to close what he called a "communication gap" between federal and local agencies.

Scott Weber, New Jersey field office director for Immigration and Customs Enforcement, said the Morristown case was an isolated instance of miscommunication.

"We want the prosecutors and the people of New Jersey to be able to charge someone, and allow complete due process," Weber said.

But Bianchi and the attorney general’s office want a legal remedy, not just a verbal assurance. The state Supreme Court has not decided whether it will hear the case.

U.S. Homeland Security Secretary Janet Napolitano has ordered immigration officials to ramp up efforts to identify and deport the estimated 450,000 criminals in federal, state and local detention centers who are in the country illegally. Napolitano said the goal was to enhance data sharing to the point where federal immigration officials would know whether an inmate is in the country illegally immediately after he is processed into any detention facility.

In New Jersey, that has meant the agency’s efforts have expanded beyond state prisons to the local level, Weber said.

"It’s a new phenomenon. It’s a new element in that equation and we’re learning to work in this new system," Weber said. "The prosecutors haven’t had this system. ICE didn’t have the resources to go into county jails. Before it was only state prisons and it didn’t have anyone with pending charges. It’s a new element to be aware of."

Of 4,500 arrests made of immigrants with criminal charges in New Jersey last year, Weber said the Morristown case was the only one he knew of where someone was deported before standing trial.

"Is one case too many? Did we wish this one didn’t happen? Sure," Weber said. "But I think it’s working pretty well overall, and I think the relationship between ICE and the prosecutors is good and strong."

An immigration expert questioned whether changing bail rules will address underlying communication and jurisdiction issues.

"The problem here is not the individual thumbing his nose at the justice system; the problem is the agencies don’t coordinate," said Bryan Lonegan, a visiting professor of immigration law at Seton Hall University. "The issue has nothing to do with immigration status. It has to do with failures in the immigration justice system, and they’re not facing the root causes. They’re appealing to the public’s current sense of fear and outrage against immigrants."

NEWARK — New Jersey is seeking to change the way bail is set for immigrants who are charged with crimes while they are waiting to be deported.

A county prosecutor with the support of New Jersey Attorney General Anne Milgram wants the state to close what he says is a loophole that allowed a Honduran immigrant to be released from jail and deported before he could face sexual assault charges in Morristown.

Morris County Prosecutor Robert Bianchi has asked the state Supreme Court to rule on whether bail can be set higher when charges are filed locally against an immigrant who has a federal immigration detainer — a notification that they’ve been identified for deportation.

"Once a loophole gets exploited, and people know about it, people start availing themselves of it," Bianchi said.

Without court action, Bianchi said, "this is a justice epidemic — as close to a criminal law calamity as I’ve ever seen in my years of practice."

Rep. Rodney Frelinghuysen, R-Morristown, said he plans to introduce legislation to close what he called a "communication gap" between federal and local agencies.

Scott Weber, New Jersey field office director for Immigration and Customs Enforcement, said the Morristown case was an isolated instance of miscommunication.

"We want the prosecutors and the people of New Jersey to be able to charge someone, and allow complete due process," Weber said.

But Bianchi and the attorney general’s office want a legal remedy, not just a verbal assurance. The state Supreme Court has not decided whether it will hear the case.

U.S. Homeland Security Secretary Janet Napolitano has ordered immigration officials to ramp up efforts to identify and deport the estimated 450,000 criminals in federal, state and local detention centers who are in the country illegally. Napolitano said the goal was to enhance data sharing to the point where federal immigration officials would know whether an inmate is in the country illegally immediately after he is processed into any detention facility.

In New Jersey, that has meant the agency’s efforts have expanded beyond state prisons to the local level, Weber said.

"It’s a new phenomenon. It’s a new element in that equation and we’re learning to work in this new system," Weber said. "The prosecutors haven’t had this system. ICE didn’t have the resources to go into county jails. Before it was only state prisons and it didn’t have anyone with pending charges. It’s a new element to be aware of."

Of 4,500 arrests made of immigrants with criminal charges in New Jersey last year, Weber said the Morristown case was the only one he knew of where someone was deported before standing trial.

"Is one case too many? Did we wish this one didn’t happen? Sure," Weber said. "But I think it’s working pretty well overall, and I think the relationship between ICE and the prosecutors is good and strong."

An immigration expert questioned whether changing bail rules will address underlying communication and jurisdiction issues.

"The problem here is not the individual thumbing his nose at the justice system; the problem is the agencies don’t coordinate," said Bryan Lonegan, a visiting professor of immigration law at Seton Hall University. "The issue has nothing to do with immigration status. It has to do with failures in the immigration justice system, and they’re not facing the root causes. They’re appealing to the public’s current sense of fear and outrage against immigrants."


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