STATE OF NEW JERSEY VS. JUAN C. MOLCHOR STATE OF NEW JERSEY VS. JOSE A. RIOS (W-2020-000045-0806 AND W-2020-000047-0806, GLOUCESTER COUNTY AND STATEWIDE) (CONSOLIDATED) (RECORD IMPOUNDED) (A-2009-19T6/A-2010-19T6)
In these consolidated pretrial detention appeals, the court concludes that the Criminal Justice Reform Act (CJRA or Act), N.J.S.A. 2A:162-15 to -26, does not authorize a court to detain arrestees who are undocumented immigrants in order to thwart their potential removal from the country by federal immigration officials. Construing the Act in light of its legislative history and persuasive federal authority, the court concludes the risk of a defendant's failure to appear justifying detention must arise from the defendant's own misconduct, not the independent acts of a separate arm of government that may prevent a defendant from appearing. Inasmuch as the trial court detained defendants in part out of concern that their possible removal from the country would prevent their appearance at trial, the detention orders are reversed and the matters remanded for reconsideration.
