Detention Can't Hinge On Deportation Risk, NJ Court Rules

Law360 (July 8, 2020, 5:20 PM EDT) -- The New Jersey state appeals court ruled Wednesday that undocumented arrestees cannot be detained simply to thwart possible deportation that would put them out of the state's reach, saying in a published decision that such decisions can't be based on the actions or potential actions of immigration authorities or other agencies.

Clarifying a question unaddressed by the New Jersey Criminal Justice Reform Act of 2017, a three-judge panel overturned a lower court's ruling that Gloucester County authorities could detain two men on aggravated assault and other charges, but who were deemed low risk concerning public safety and future criminal activity....

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