Gov. Murphy Pledged, But Hasn't Delivered, Funds for Immigrants

Bureaucratic confusion involving Gov. Phil Murphy's administration and pro bono attorneys is delaying critical funds needed to prevent New Jersey immigrants from being deported, WNYC has learned. 

Murphy, a Democrat and an avowed opponent of President Trump's crackdown on immigration, allocated $2.1 million for legal aid for immigrants in a budget approved in July by the New Jersey legislature.

New Jersey was supposed to be following New York's lead: the state and city governments there already dedicate funds for legal representation for immigrants. So the irony for the 2,000 immigrants held in New Jersey's four detention facilities is that if they were arrested by Immigration and Customs Enforcement (ICE) in New York, they may get access to a free attorney, giving them a good chance of winning their cases and staying in the U.S. But most of those arrested in New Jersey and held in jails like the Essex County Detention Center in Newark do not get representation, greatly increasing their risk of deportation.

Immigration advocates and attorneys were thrilled that Murphy was finally fixing this disparity, even if the monetary figure was relatively small and would only cover a fraction of needy immigrants. And yet, since July, New Jersey immigrants and the nonprofit groups that provide them legal services waited for the Murphy Administration to create a process for deciding how the funds would be allocated. But nothing happened. 

"It's quite frustrating, and the most important thing is the fiscal year already started and that the funding needs to be spent now," said Chia-Chia Wang, the New Jersey advocacy director for American Friends Service Committee (AFSC), which provides legal services to immigrants.

So where's the money?

Two weeks ago Murphy's spokeswoman confirmed that $2.1 million is still set aside for immigrants detained and facing deportation, but referred questions about when the money will be distributed to the Treasury Department. A spokeswoman there, Jennifer Sciortino, told WNYC that the money will be disbursed if Legal Services of New Jersey, an agency that provides pro bono representation, "demonstrate[s] a need for it."

But that was news to immigration attorneys and advocates. In fact, Legal Services was not crafting any such plan until late last week, after WNYC began asking questions. Legal Services' president, Melville D. Miller, said following discussions with administration officials he hopes to submit a joint proposal with AFSC this week.

The confusion may have stemmed from a misreading of the budget. The administration's initial assertion that it was Legal Services' burden to apply for the money conflicts with what the state budget actually says. After a section referencing separate funding for Legal Services, the budget specifically calls for the state treasurer and attorney general to select one or more entities to provide "legal assistance to individuals facing detention or deportation based on their immigration status."

New Jersey state budget provision detailing money for legal assistance for immigrants. The money has yet to be allocated.

(New Jersey Legislature) 

The result was an indefinite stall in the disbursement of the money, which has grave consequences, legal experts say. Unlike in criminal court, immigration court defendants are not entitled to an attorney. Yet legal representation can mean the difference between winning an immigration case on, for example, on asylum claim, and therefore being allowed to stay in the United States — or being deported. A 2016 study in New Jersey found that detained individuals with representation were at least three times more likely to prevail in their deportation cases than those without representation. 

Lori Nessel, a Seton Hall law professor who co-authored the study, is part of a consortium that lobbied for the funds. She said she was "very surprised" that the Treasury Department had not initiated a process over the summer, like a formal request for proposals, to provide the money. 

"The impact that having counsel has on the outcome of the case is just so dramatic," Nessel said. "It's much more likely that they'll win their case and return to long-time life in this country — family members, employment and protection from harm or death...The stakes are incredibly high."

The $2.1 million would not come close to providing universal representation in New Jersey. Advocates said offering attorneys to every needy immigrant in deportation proceedings in New Jersey would cost at least $14 million a year.

"New Jersey has experienced one of the largest increases in ICE arrests and detentions but we still do not have anywhere near enough qualified, affordable or pro bono attorneys to meet that need," said Sara Cullinane, director of the advocacy group Make The Road New Jersey. "And we are looking forward to New Jersey providing a robust pilot program to provide legal representation to immigrants who are detained and facing deportation."

The number of detainees held in New Jersey county jails has surged under President Trump, triggering considerable controversy because the counties are run by Democrats who ostensibly oppose his immigration policies. Together, the jails in Bergen, Essex and Hudson collect more than $6 million a month from ICE for their counties' coffers.

Most of the 700 to 800 detainees held at the Essex County Correctional Facility in Newark, which houses most of ICE's New Jersey inmates, do not have representation, according to lawyers and advocates who review immigration court dockets. And almost no one there gets pro bono attorneys. Some of the New Jersey detainees held at a privately-run detention center in Elizabeth are eligible for free legal representation as part of a limited $400,000 legal program provided by AFSC.

Yet in Hudson and Bergen County, where the majority of the inmates in the county jails are now ICE detainees due to the spike in immigration arrests, almost everyone has an attorney, advocates say. That's because they were arrested by ICE in New York City, which has a $10 million legal program in fiscal 2018 for immigrants who are New York residents or processed through ICE's New York office. Plus, there's an additional $10 million for pro bono attorneys available through New York State's Liberty Defense Project. 

"I think the governor's office is well-intentioned," Wang said. "I think the funding itself is very exciting. Our concern is that there are so many people being detained and could use this representation right now. We're talking about real people who could be deported the next day. So that's why we feel there's an urgency, regardless of the amount of the money."

The fact that immigrants are detained in county jails has caused considerable controversy. Democratic leaders in Bergen, Essex and Hudson say they need the funds through their lucrative detention contracts with ICE to keep local taxes down and avoid layoffs at their jails. Opponents argue that it is immoral to work with the Trump Administration on its aggressive immigration enforcement.  

But Murphy, the top Democrat in the state, is not wading into that fight. 

"While the governor does not have the authority over county-level decisions, he believes immigrants are a vital part of the fabric of New Jersey and the country as a whole and will continue to defend our immigrant community from wrongful targeting by the federal government," said Liza Acevedo, Murphy's deputy press secretary.