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Immigrants claim court attendance was denied

2 federal agencies sued over remote aces rules

By: Ricardo Kaulessar
NorthJersey.com
USA Today Network - New Jersey

..... Five non-citizen immigrates are claiming in a class action lawsuit that they are being denied remote video access to proceedings for their criminal cases in New Jersey state courts while being held in a Pennsylvania detention center.
..... The federal lawsuit names the Department of Homeland Security and the Immigration and Customs Enforcement agency and claims that the five detained at the Morhannon Valley Processing Center in Philipsburg, Pennsylvania, were not allowed to participate in remote court proceedings about their respective New Jersey criminal cases even though they could take part in "both immigration and certain family-court hearings remotely."
..... The action by the center, operated by the prison company GEO Group under an agreement with ICE, is described in the lawsuit as "the very definition of an arbitrary, capricious, and nonsensical policy, especially in this day and age when, for the sake of efficiency and public health, remote hearings have become commonplace in all contests.
...... "The legal case appears strong if they can demonstrate that this denial of access is causing harm to their situation," said trial lawyer Jamie Wright, who is not involved in this case but has handled class action lawsuits. "should the courts rule in favor of the detainees involved, it could necessitate a reevaluation by ICE and Homeland Security concerning the treatment of legal rights for non-citizens detained far away form the locations of their criminal proceedings. This case has the potential to establish a precedent moving forward."
..... The litigants identified in the lawsuit are Josefina Doe, Isabela Doe, Commor Jerome Welch, Felipe Niomar Martinez Ortiz, and Jose Doe, others detained at the center in similar situations, and the Immigrant Rights Program of the American Friends Service committee, based in Newark. Josefina Doe, Isabela Doe, and Jose Doe filed the lawsuit pseudonymous for fear of retaliation by abusive partners in the United States or abusive partners or gangs in their home countries.
..... According to the lawsuit, the litigants' due process rights have been violated by not being allowed remote video access for their New Jersey cases.
* Josefina Doe, who came form the Dominican Republic seeking asylum as a victim of abuse, lived in Perth Amboy and was arrested there in May [2024] on domestic violence charges. The lawsuit said that getting virtual access to criminal court in New Jersey has been HJosefina;s primary concern as she :desperately wants to tell her side of the story" regarding her arrest and has been denied four times while at Moshannon.
* Isabela Doe is an asylum seeker from Venezuela, where she was a victim of domestic violence. She was arrested in June [2024] for alleged domestic violence based on what her abusive partner told police in English, as she could only communicate in Spanish. Isabela was not allowed to respond virtually to the charges pending in Clifton Municipal Court and missed a court appearance in august, 2[204] which led to a bench warren issued for her arrest.
* Jose Doe, a 21-year-old who came from El Salvador fleeing gang violence, has assault charges pending in Hudson County Superior Court and drug possession charges pending in Hoboken Municipal Court since last year. [2023] the lawsuit said that bench warrants were issued for his arrest by both courts because he did not make his virtual appearance due to the detention center's policy.
* Commor Jerome Welch, an East Orange resident who came form Jamaica, was arrested for weapons-related offenses in Newark in August 2023 and then was taken by ICE agents after he was released into state custody. The lawsuit said Welch twice asked Moshannon officers if he could make a virtual court appearance to answer his criminal charges but was denied. He was also denied the request to be transported to the New Jersey court for an appearance.
* Felipe Niomar Matrtinez Ortiz, an asylum seeker form Venezuela who resided in New York, was arrested in Paramus for shoplifting in June. [2024] Ortiz did not appear in person for a court date in July [2024] and was scheduled for a virtual hearing on October 9 [2024] in Paramus Municipal court that he will miss due to the center's policy.
..... The lawsuit calls the DHS and ICE to ensure that detainees at Moshannon should have the option to appear virtually or in-person for court appearances; that they or the GEO Group purchase and maintain computer equipment at the center for virtual appearance; and "shall pay for and be subject to monitoring requirement at Moshannon for a minimum of five years" to ensure they provide detainees with access to the courts.
..... The lawsuit names Homeland Security Secretary Alejandro Mayorkas; Acting ICE Director Patrick Lecheitner; Danial Bible, executive associate director of ICE's Enforcement and Removal Operations; Cammilla Wamsley, field office, and Francis Kemp, assistant field office director for ICE's Philadelphia Field Office.
..... Also named in the suit are the DHS and ICE, did not respond to email seeking comment.

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