30+ Legal Experts, Faith and Labor Leaders Send Letter to Governor Murphy Urging Significant Increase in Funding for Immigrant Legal Defense in FY2020 Budget
30+ Legal Experts, Faith and Labor Leaders Send Letter to Governor Murphy Urging Significant Increase in Funding for Immigrant Legal Defense in FY2020 Budget
New Jersey, February 27, 2019 – More than thirty leading legal organizations, legal experts, faith and labor groups signed onto a letter urging Governor Murphy to fully fund a universal representation program offering appointed counsel for all low-income immigrants who are detained and facing possible deportation in New Jersey. Last year, under Governor Murphy’s leadership, the State of New Jersey allocated $2.1 million to launch a new, publicly funded legal defense program for individuals who are detained and facing deportation in the state. This funding, while a groundbreaking achievement, guarantees representation for only a fraction of the more than 2,000 immigrants detained in the state who cannot afford a lawyer. You can see the letter and list of signees here.
Prior to the legal defense program’s launch, approximately two-thirds of immigrants detained in New Jersey fought their deportation without legal counsel. In New Jersey, immigrants are three times more likely to prevail in their cases and avoid being needlessly separated from their families when they have a lawyer. Detained immigrants are particularly vulnerable when they do not have access to competent legal representation: only 14% of detained immigrants in New Jersey were able to avoid deportation without legal representation.
Providing access to counsel for detained immigrants will boost the state’s economy and is a smart investment. According to New Jersey Policy Perspective, New Jersey employers pay $5.9 million in turnover-related costs annually as they are forced to replace detained or deported employees. New Jersey loses $18 million in wages and $1.6 million in total tax revenue annually from immigrants who are detained and cannot provide for their families.
The $2.1 million in funding for the pilot universal representation initiative, released in November of 2018, has been distributed between four providers who directly implement the program: Legal Services of New Jersey, American Friends Service Committee (AFSC), Rutgers Law School, and Seton Hall Law School. All four are currently offering pro-bono immigration legal representation to unrepresented, indigent individuals detained for civil immigration violations at the Elizabeth Detention Center (EDC) and Essex County Jail (ECJ), helping increase access to critically needed legal representation at each of these facilities. Nonetheless, a significant number of the population in detention facilities in New Jersey remain without access to counsel during deportation proceedings. The cost to the state of ensuring legal representation for every immigrant detainee in New Jersey is estimated at $15 million.
The emerging coalition on immigrant legal defense in New Jersey includes American Friends Service Committee, the American Civil Liberties Union of New Jersey, Seton Hall Law School Immigrants’ Rights/International Human Rights Clinic, Rutgers Law School Immigrant Rights Clinic, Make the Road New Jersey, New Jersey Policy Perspective, UU FaithAction NJ, and Church World Service (CWS) Jersey City Immigration and Refugee Office.
Farrin Anello, Senior Staff Attorney at the American Civil Liberties Union of New Jersey, said:
“Too many people in our state are being torn from their families and sent back to countries where their lives are in danger simply because they cannot afford to hire private lawyers. Due process should not depend on the size of someone’s bank account.”
Courtney Madsen, Director of Church World Service’s Immigration and Refugee Office in Jersey City, said: “CWS supports this project as it provides a valuable service to those legally seeking protection and safety from persecution. We have seen the success of this program for people who have received legal representation through similar initiatives. It is very clear that need for representation will continue to grow as enforcement pressure is put on the immigrant community and as more people seek relief in the United the States through the asylum process.”
Victor Salama, Executive Director of First Friends of NJ & NY, said: “Deportation is one of the harshest penalties an individual can face under U.S. law, however, most immigrants detained in New Jersey cannot afford a lawyer and are forced to navigate the dehumanizing system of immigration law alone. Providing free, competent legal representation is critical to helping individuals detained in New Jersey leave detention and return to their families.”
Ana Del Valle, a formerly detained client of American Friends Service Committee’s Friends Representation Initiative of NJ, said: “I was detained in Elizabeth Detention Center for four months. I spent a month and a half of that time unrepresented. There are so many people that cannot afford a lawyer and that remain in detention for nine months or a year. I’ve lived in the United States for years. Receiving a lawyer for my case was a blessing. It’s necessary that we grow this program and uplift the dignity of immigrant detainees.”
Erika J. Nava, Policy Analyst at New Jersey Policy Perspective, said: “Legal representation has been proven to positively impact communities where immigrants reside as deportations not only hurt individuals, but also their families and local economies. Creating a universal representation program that expands access to counsel for all detained immigrants is not only an issue of due process, but it will bolster New Jersey’s immigrant families and broader state economy.”
