NJSBA Family Law Section

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  • 1.  Undocumented terrorized out of going to court / Experiences needed

    Posted 12-06-2018 12:48 AM
    I'm sure I'm not the only one whose had this experience. An undocumented immigrant has a desperate need to go to court, but cannot be persuaded that the court will not call ICE and/or is being intimidated by an adverse party with threats to call them. I've had two DV victims, a father whose ex just came and took his child in spite of an order, threatening deportation if he did anything about it, and multiple people who were intimidated out of seeking a support review or support enforcement. It's upsetting. To say the least.

    There apparently was a case in Texas where a defendant in a DV action called, and the victim was removed during a break in the court proceedings and immediately deported (with her three very young children remaining here in the USA). It's difficult to convince people that wouldn't happen here in New Jersey.

    I'm working with a group who wants to push to make it clear to undocumented people who are otherwise law-abiding that they do not risk arrest / deportation / removal (unless the criteria NJ applies - conviction for DUI or an indictable offense) as a result of seeking assistance from our courts. We'd like to see notices and specific signs in courthouse entranceways to this effect, and PSA ads run.

    If anyone has experience with clients or potential clients in this situation, please let me know. It would be nice if they'd give their names or agree to some method of contacting them (for press purposes), maintaining some level of anonymity (first name only) but, if not, we'd at least like to hear from attorneys who can relate their experiences.

    An evil has befallen this country, and people are hurting. Please contact me, on or off list, if you can help at least let them know they're safe in asserting their rights in court.

    Thanks,

    <x-sigsep></x-sigsep>

    David Perry Davis, Esq.
    ----------------------------------------------------
    www.FamilyLawNJ.pro
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    57 Hamilton Avenue -- Suite 301
    Hopewell, NJ 08525
    Voice: 609-466-1222
    Fax: 609-466-1223



  • 2.  RE: Undocumented terrorized out of going to court / Experiences needed

    Posted 12-10-2018 10:42 AM

    Hi David,

     

      The problem we have found is that people are getting detained by ICE at our courthouses in NJ and our undocumented clients do not feel safe and are understandably reluctant to go to court for any reason.    We recently spoke with a victim of domestic violence who was afraid to go to court because her abuser told her that he would call ICE on her and her kids would be taken from her.  When ICE is arresting people in our courthouses, even if for a legal reason, it acts as a deterrent to all of our undocumented clients going to court.   

     

      We also had a judge tell us that he kept a defendant incarcerated overnight  rather than release him because ICE was in the courthouse waiting for him.

     

      I don't see this situation changing until the Feds agree to recognize our courthouses as sanctuaries where people cannot be arrested for pursing their legal rights. 

     

    Russell Gale, Esq.

    Managing Attorney

    CENTRAL JERSEY LEGAL SERVICES

    313 State Street, Suite 308
    Perth Amboy, NJ 08861

    Phone – (732) 324-1613 Ext. 2310

    Fax – (732) 324-6253

    Email – [email protected]

     

    Fulfilling the promise of Justice for All

     

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  • 3.  RE: Undocumented terrorized out of going to court / Experiences needed

    Posted 12-11-2018 08:36 AM
     
    Hi All.  This is an increasing problem I have encountered with every undocumented client I represent.  They are in fear of being arrested by ICE.  In one of my cases,  my client, who was prepared to enter a plea in superior court could not because ICE showed up at his house.  He did not leave his home since he overheard them say they were searching for him, while another ICE office was overheard saying that my client was expected in court that morning.  Needless to say, this caused much stress and a bench warrant for my client.  I am concerned because the ICE officers had all the intel on my client, his court case and that I was his attorney.  I questioned criminal case management about how this occurred and they had no answer.  The local prosecutor's office were "apparently" just as baffled that this had occurred. 
     
    Yesterday, a client on a revocation hearing was detained because the judge feared if my client were released, that ICE would deport him and his case remain unresolved since his sentence date is in January.  
     
     
     
     
    Jose Silva, Jr.
    Attorney At Law, LLC
    700 E. Wood St.
    PO Box 9
    Vineland, NJ 08362
    856-692-7400
    856-692-7401 (Fax)
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