ICE Detainer Justifies Increased Bail in NJ – State v. Fajardo-Santos

[07/08/09 – 10:24 am] This morning, the New Jersey Supreme Court ruled that when immigration authorities file a deportation detainer against a criminal suspect, the detainer will justify an increase in the amount of the defendant’s bail. The case that establishes this proposition, State v. Fajardo-Santos, involved a defendant who was held on criminal charges. The defendant posted bail. However, shortly thereafter, ICE officials filed a detainer against him, evidencing their desire to deport him from the United States. The following day, the prosecutor’s office sought an increase in the defendant’s bail, arguing that there was now an increased risk that the defendant would not appear for trial. The Supreme Court agreed with the need for increased bail as a result of the new level of risk. However, the Justices also ruled that in the future, if prosecutors intend to move for higher bail after an ICE detainer has been lodged, they should not wait until after the defendant posts bail, but rather should seek bail reconsideration immediately.

Download a copy of State v. Fajardo-Santos.

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