Empowering Immigrants, Strengthening America
Yes, many immigrants do qualify for release after detention in New Jersey. However, the answer depends on who is holding them and why they were detained. Some immigrants can be released through New Jersey’s criminal court system, others may qualify for an immigration bond, and some face mandatory detention unless the law is applied carefully.
If you’re on ICE hold or have been arrested, our criminal defense attorneys at DeCosmo Law can determine which system controls the case because that single distinction usually determines whether or not release is possible.
Two Systems Control Detention in New Jersey, and They Follow Different Rules
As an immigrant in New Jersey, you can be detained under criminal law, immigration law, or both at once. Each system evaluates release differently, and confusion between the two usually keeps people locked up longer than the law requires. In New Jersey criminal courts, cash bail is no longer the default. Judges use a risk-based system that focuses on whether someone is likely to appear in court and whether they pose a danger, and not on immigration status. Citizenship alone does not disqualify a person from release.
In immigration detention, federal law applies. ICE can hold someone pending removal proceedings, and release depends on whether the person qualifies for an immigration bond or is subject to mandatory detention under federal statute. These rules are narrower and typically misunderstood.
That’s why it’s in your best interest to have a New Jersey criminal defense lawyer who can separate assumption from law before detention becomes permanent.
Can Immigrants Be Released in New Jersey Criminal Court?
Usually, yes. Data published by the New Jersey Judiciary shows that most defendants are released pretrial under conditions rather than detained. That includes immigrants. Judges are required to evaluate individual risk and not rely on labels or federal interest alone. That being said, immigration concerns can influence detention decisions if no one addresses them. Prosecutors sometimes argue that a pending ICE interest increases flight risk. If that claim goes unanswered, courts may accept it at face value.
When you have a New Jersey criminal defense lawyer on your side, they can reframe the analysis around facts the law actually requires, including long-term residence in New Jersey, family ties in cities like Newark, Elizabeth, or Camden, steady employment, and prior compliance with court orders. Those details are crucial because courts must consider them.
Immigration Detention and Bond: Who Qualifies for Release?
Immigration detention follows federal law enforced by ICE and reviewed by immigration judges. Some immigrants qualify for bond hearings, while others are initially classified as subject to mandatory detention based on the charge or conviction involved.
According to Department of Homeland Security enforcement data, a large share of detention decisions are tied to criminal allegations. However, not all of those cases legally require continued detention. Eligibility typically turns on how the offense is categorized, how the conviction is recorded, and whether the statute actually fits a mandatory detention category.
How a New Jersey Criminal Defense Attorney Can Help Secure Your Release
Detention decisions happen fast. Without a New Jersey criminal lawyer on your case, courts and agencies will rely on incomplete records or worst-case interpretations. If you have one, however, they can:
- Identify which detention authority applies.
- Challenge claims of mandatory detention when they’re incorrect.
- Present alternatives to detention in criminal court.
- Prepare you for bond hearings.
- Coordinate criminal and immigration strategy so one case doesn’t sabotage the other.
Talk to Our Criminal Defense Lawyers in New Jersey
If you’re detained or facing both criminal and immigration custody, the first days matter. Reach DeCosmo Law online or call 856-361-2122 to schedule your confidential consultation. Se habla español.