Immigrant Daily

Bail Can be Enhanced for Illegal Immigrants: NJ Supreme Court

Pronouncing an important order, the New Jersey Supreme Court ruled that county prosecutors may seek bail increases on illegal aliens charged with crimes who they believe once proven face imminent deportation. In this case, the state highest court in a unanimous ruling sanctioned the actions of the Morris County Prosecutor’s Office when it asked for, and received from a Superior Court judge, a bail increase from $75,000 to $300,000 for one Manuel Fajardo-Santos. In August 2008, Fajardo-Santos, an illegal alien from Honduras was charged with molesting a child in Wharton. A bail of $75,000 was set and the complaint against him stated that there was a reason to believe he was here illegally. Immigration and Customs Enforcement (ICE) lodged a detainer against him in December, Fajardo-Santos posted bail in January and was turned over to ICE. learning this the prosecutor’s office appealed the judge to increase bail so the defendant could be returned to the jail. The Supreme Court concluded that the lodging of a detainer “marks a change in circumstances that can affect whether a defendant will fail to appear. Judges may therefore consider that development in deciding whether to modify bail.” However, the court cautioned that prosecutors must try – before a defendant post an original bail – to seek a modification based upon an ICE detainer. If a timely request is not made, prosecutors must state their reasons, the court wrote.

For complete information, please click NJ Supreme Court Says Bail Can Be Higher for Illegal Immigrants