The ACLU of New Jersey has long fought to end immigration detention and to safeguard the individual liberties of people being unlawfully detained. To do this, we rely on habeas corpus, a centuries-old legal instrument that has protected our rights since before America’s founding.
Habeas corpus is a cornerstone of due process. At its core, it ensures that no person can be held by the government without the right to challenge their detention before a judge.
Over the past months, we have worked to expand access to habeas relief to respond quickly to unlawful immigration detention happening in New Jersey – specifically at Delaney Hall, a detention facility in Newark.
Delaney Hall is currently under civil rights investigation by the New Jersey Attorney General and its Division on Civil Rights following several tragic deaths and reports of inhumane conditions. Since the day it opened, we’ve continued to hear stories of people in detention at the facility who have been denied basic human needs, such as being subjected to rancid and inedible food, systematic and egregious medical neglect, and coercion into giving up their rights.
Yet Delaney Hall is just one example of how immigration detention is dangerous for those being detained, their loved ones, and all who care about the preservation of our democracy.
Denying bond hearings to individuals being detained by ICE has been an unlawful policy perpetuated by the Trump administration. And the courts agree: just a few weeks ago, a federal appeals court sided with the ACLU-NJ and partners when it rejected the Trump administration’s policy of subjecting millions of immigrants to mandatory detention without access to bond hearings.
We’re grateful that the courts agree that this policy is wrong, because it is, and has been harmful since its implementation. Withholding bond hearings from those in detention impacts the people being detained, their families, and their communities, and entirely disrespects the Constitution’s guarantee of due process.
And when our rights are threatened, we take action.
Earlier this summer, with our partners at the American Friends Service Committee, we were referred to a potential habeas relief case involving a man, Saul, from southern New Jersey who had been detained without bond at Delaney Hall for nearly a month.
Shortly after we began working with community partners to assess Saul’s case, Saul’s partner received word that he was being transferred out of Delaney Hall, potentially to another state far from his family.
Transferring people being held in detention without warning, reason, or notification to families is another cruel tactic routinely employed by the Trump administration. Some people are transferred over thousands of miles away from home, all the while handcuffed and shackled.
After receiving this news about Saul’s transfer, community partners drafted and filed a habeas petition. Roughly one hour later, the court issued an order prohibiting Saul’s transfer out of New Jersey.
Later that day, however, we were informed that Saul had already been transferred to a detention facility in Pennsylvania, despite the court order prohibiting this to happen.
The Trump administration’s defiance of the courts and the rule of law – exemplified by carried out transfers after a court order to stop – threatens the foundations of our democracy, checks and balances, and the safety and peace of families across the country.
Luckily, the court did not let Saul’s unlawful transfer hold. The next morning, the court ordered the government to respond by 5 p.m. – they either had to explain why Saul’s case was different from similar habeas petitions that had resulted in release, or they had to release Saul. Ultimately, the government agreed to return Saul to New Jersey and to release him.
At 4:59 p.m., just before the court’s deadline, ICE officers released Saul at a random location in Sparta, New Jersey. He had no money and no phone, although he was permitted to contact his partner briefly.
Community partners worked directly with Saul’s family to locate him, El Pueblo Unido of Atlantic City mobilized to support transportation and reunification efforts, and an ACLU-NJ staff member traveled to Sparta to pick him up.
Through this coordinated response between local organizations, Saul was reunited with his partner and children – less than 36 hours after the habeas petition had been filed. Yet despite the joy of this family being reunited and the successful collaboration of community partners in pursuit of justice, Saul’s detention and transfer should never have happened. No one should be detained without due process.
When the federal government terrorizes our communities, as the Trump administration has been through its cruel immigration detention and deportation machine, the people must work together and hold them accountable for their actions. Habeas is a crucial line of defense in this fight against the federal government’s abuses of power, and we will continue to use it to protect the rights of all people. And when that habeas corpus itself comes under attack, it’s up to all of us to defend it.
In addition to litigating habeas petitions, the ACLU-NJ also works with partners across New Jersey to train and mentor attorneys and build access to high-quality habeas representation for people fighting for due process and freedom from detention.
Through collaboration with our partners, we successfully campaigned to create a state-funded legal services program for detained immigrants, and more recently, for a $12 million increase in this critical funding, providing high-quality legal services to those facing immigration detention.
As the Trump administration continues its attack on our fundamental rights, the ACLU-NJ will continue to fight to end immigration detention, to challenge unlawful detention in court, and to advocate for policies and systems that ensure access to justice for all New Jerseyans who are being deprived of their liberty. It’s what New Jerseyans, and all people, deserve.
Want to take action with us? Add your name to our petition to shut down Delaney Hall.