Judge Orders Release Of 10 ICE Detainees In NJ Amid Coronavirus

ESSEX COUNTY, NJ — One has pulmonary issues and a history of hospitalization for severe pneumonia. Another suffers from diabetes. Yet another struggles with severe heart disease and has a history of hospitalization for congestive heart failure.

And now, they’re among the latest prison inmates in New Jersey who have been ordered to be set free as the state struggles to cope with the new coronavirus.

Late Thursday night, U.S. District Court Judge Analisa Torres ordered the immediate release of 10 people detained by ICE in Hudson, Bergen and Essex County. The order came after New York-based Brooklyn Defender Services filed a petition for a writ of habeas corpus on their behalf in the Southern District of New York.

The group said it sought the release of the detainees because of ICE’s “inability to protect them” during the public health crisis surrounding the new coronavirus.

Each person suffers from “chronic medical conditions” and faces an imminent risk of death or serious injury if exposed to the coronavirus that causes COVID-19, the attorneys said.

“This is the first federal court in the nation to find that ICE is showing deliberate indifference to the safety of detained people who have medical conditions, putting them at high risk if they contract COVID-19,” said Andrea Saenz of the New York Immigrant Family Unity Project at Brooklyn Defender Services.

Saenz said it was “likely unconstitutional” to keep the 10 detainees imprisoned considering their medical histories and the COVID-19 threat.

Three of the petitioners were being detained at the Hudson County Correctional Facility, five were detained at the Bergen County Correctional Facility and two were detained at the Essex County Correctional Facility.

All three prisons house a mix of inmates and federal immigration detainees. They have each seen confirmed cases of COVID-19 among inmates or staff.

• See related article: Stuck In Jail During A Pandemic; Coronavirus Hits NJ Prisons

Torres also granted a temporary restraining order that will prevent ICE from arresting the 10 detainees for “civil immigration detention purposes” while they await their immigration proceedings.

“We felt like we had no time to lose, with ICE ignoring our requests for release, and brought as many clients as we could to the attention of the federal court as fast as we could, asking them to hold ICE accountable,” Saenz said.

“This was a huge victory, but we’re going to keep fighting to free them all,” Saenz added.

Civil rights advocates and the family of inmates – especially immigrant detainees in ICE custody – have been pushing for better protections in New Jersey’s jails as COVID-19 spreads across the state. Many have claimed that the situation is a powder keg for the entire community, not just those imprisoned, as prison staff can potentially infect people outside the facilities.

As the fear of coronavirus spreads throughout the prison system in New Jersey, some inmates have been holding hunger strikes and demanding that officials release them to their families. At least 50 people in multiple housing units are taking part in the protests, and have been demanding their immediate release on bond or supervised release.

"If we get sick, at least we'd be able to be with our families before we die," a 55-year-old father of two at the Essex County Correctional Facility told Gothamist/WNYC.

It’s not just a matter of legal justice… it’s a matter of life and death, family members say.

"I have a loved one currently in ICE custody at the Essex County Jail and every day I am fearful that he will test positive for COVID-19 and not have the proper medical attention," a member of advocacy group Make the Road New Jersey recently said. (See video below)

"I'm very worried about his health and his safety if he gets sick," she continued. "I don't think he will get adequate medical care. For all of our safety in New Jersey, we must release detainees to be home with their loved ones."

• See related article: More Coronavirus At Essex County Prison; Activists Keep Up Outcry

Some high-ranking court administrators have agreed.

Earlier this week, state Supreme Court Chief Justice Stuart Rabner signed an order calling for the temporary release of up to 1,000 inmates in county jails as a way to reduce the risk of spreading the coronavirus.

The state attorney general and county prosecutors can file an objection to any release they deem "inappropriate." In those cases, judges or special masters will hold a hearing to determine if the release would pose a significant risk to the safety of the inmate or the public. The order would impact only those in jail for third- or fourth-degree crimes or disorderly persons offenses. At the conclusion of the public health emergency, those released from jail will appear before the court to determine whether their custodial sentences should be reinstated or commuted.

As of Friday morning, New Jersey had a total of 6,876 cases and 81 deaths linked to COVID-19, according to Johns Hopkins University. READ MORE: NJ Coronavirus Updates (Here's What You Need To Know)

Send news tips and correction requests to eric.kiefer@patch.com