A group of non-U.S. citizens detained at the Moshannon Valley Processing Center in Philipsburg, Pennsylvania, is taking a stand against U.S. Immigration and Customs Enforcement (ICE) policies that restrict their access to virtual hearings for criminal cases in New Jersey. On Wednesday, the detainees filed a motion with U.S. District Judge Michael Farbiarz, seeking a preliminary injunction to challenge the policy that prohibits the use of technology for virtual court appearances.
The detainees argue that this policy severely hampers their ability to defend themselves against pending criminal charges in New Jersey state courts. Without access to virtual court options, many have missed critical hearings, faced bench warrants, and experienced extended periods of detention at the ICE facility.
Representatives from ICE have not yet commented on this legal filing.
This motion is part of a larger proposed class action lawsuit initiated in September, which highlights the impact of this policy on hundreds of detainees at Moshannon Valley, the largest ICE facility in the Northeast, housing over 1,000 individuals since 2022. The lawsuit seeks to ensure that detainees can participate in their criminal, civil, and municipal court cases either virtually or in person.
Many of these detainees were initially arrested by ICE following criminal charges in New Jersey state courts and had previously been released by judges or law enforcement. Raquiba Huq from Legal Services of New Jersey, representing the detainees, stated that ICE’s actions have effectively denied her clients access to resolve their legal issues, leading to prolonged detention.
While ICE permits detainees to use platforms like Zoom and Microsoft Teams for immigration hearings, they have barred similar access for criminal cases. This inconsistency exacerbates the challenges faced by detainees, particularly as many New Jersey state courts increasingly rely on virtual hearings for their proceedings.
The lawsuit further reveals that detainees must obtain a writ from a New Jersey court for an in-person hearing, complicating matters as many have yet to secure legal representation. This requirement places additional burdens on those already navigating a complex legal landscape.
The case is formally titled *Josefina Doe et al v. U.S. Department of Homeland Security et al*, with case number 2:24-cv-09105 in the U.S. District Court for the District of New Jersey. The proposed class is represented by a coalition of attorneys from Lowenstein Sandler and Legal Services of New Jersey, among others.
As this legal battle unfolds, it raises significant questions about the rights of detainees and their access to justice within the U.S. immigration system.
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