Governor Sherrill Launches Initiatives to Resist Unconstitutional Immigration Detention

Governor Mikie Sherrill today announced two historic actions to help protect individuals from unconstitutional detention and defend their constitutional rights in the face of escalating immigration enforcement actions by the Trump Administration.  

Governor Mikie Sherrill and leaders in the New Jersey Legislature announced a $12 million increase in funding for the Detention Deportation Defense Initiative (DDDI), bringing the total funding for the program to $20.2 million. Additionally, in coordination with Human Services Commissioner Stephen Cha, Governor Sherrill announced a coordinated Rapid Legal Response Initiative led by Human Services’ Office of New Americans (ONA) to expand statewide legal capacity for emergency immigration defense and support immigrant families across New Jersey. As the Trump Administration’s escalating attacks on immigrants have affected longtime residents, families, and vulnerable children, these announcements represent Governor Sherrill’s ongoing commitment to securing the rights of immigrants facing detention and deportation by Immigration and Customs Enforcement (ICE). 

$20.2 million to DDDI ensures the availability of legal services for many more low-income New Jerseyans throughout the state, including for all low-income detainees in Delaney Hall. The increase in funding will double the services provided to help hundreds more individuals in need of representation.  

The establishment of the Rapid Legal Response Initiative will further expand statewide legal capacity for habeas corpus petitions and other federal litigation to support New Jersey residents directly impacted by federal immigration enforcement. Attorneys are encouraged to join this effort by signing up here. More information about legal services programs for detainees and how interested attorneys can get involved are available through New Jersey’s Office of New Americans.  

These efforts come as immigrant communities across New Jersey face an unprecedented surge in ICE detention operations, including those at Delaney Hall in Newark. 

“Every person deserves to be treated with dignity, and to the rights enshrined in our Constitution – the rights I swore to protect when I served in Navy, the U.S. Attorney’s office, and as an elected official. These include access to due process and a fair hearing under the law, regardless of where you were born,” said Governor Sherrill. “As the Trump Administration makes it more difficult for members of our community to challenge detention and deportation, access to qualified legal representation has never been more important. Here in New Jersey, we are helping ensure more New Jersey residents receive due process under the law and more New Jersey attorneys are mobilized to stand up for the fundamental human rights of detainees and their families.” 

“The treatment of the detainees at Delaney Hall is offensive to all of us who value human dignity and respect the basic rights of those who are held by the Justice system in this country,” said Senate President Nick Scutari. “Their legal rights should not be compromised or ignored – especially if they face the threat of deportation. This emergency funding will provide support for legal services to protect their right to due process and access to fair hearings. This is the type of responsible action we should be taking in New Jersey to prevent further disruptions and restore respect for the legal process and civil engagement. It is a statement of principle that honors the values that we cherish as Americans.” 

“Our Constitution guarantees people the right to due process,” said Assembly Speaker Craig Coughlin. “The right to a lawyer is a critical element of providing that due process. It is therefore our duty to take action to ensure that we are providing the resources necessary to make the process fair and consistent with our cherished constitutional goals. Putting in place funds to secure representation for people in need is the right thing to do." 

“New Jersey is strongest when everyone can access the resources and representation they need to navigate our legal system,” said Human Services Commissioner Stephen Cha. “We are committed to ensuring that people facing detention or deportation have meaningful access to counsel and the opportunity to be heard, and we are grateful to Governor Sherrill for taking this step. As the demand for services has grown, including through the detainments at Delaney Hall, we are launching this rapid response effort and calling on volunteer attorneys and advocates to help expand capacity. Together, we can ensure that individuals and families across our state are not left to face these challenges alone.” 

“New Jersey families deserve access to due process and legal support during moments of crisis,” said Human Services Deputy Commissioner for Social Services Michael J. Wilson. “This action by the Sherrill Administration is about enhancing access to the legal resources that communities need amid the ongoing federal enforcement activity.” 

“Every person deserves access to due process and meaningful legal representation, regardless of their immigration status or income,” said ONA Director Johanna Calle. “By making this additional investment, New Jersey is strengthening its commitment to protecting families, defending constitutional rights, and ensuring that no one faces detention or deportation alone. We are grateful to Governor Sherrill and the legislature for their leadership and continued investment in immigrant communities across our state.”   

About the Detention Deportation Defense Initiative 

Since its inception in 2018, the Detention Deportation Defense Initiative (DDDI) has provided free, expert legal representation to low-income residents of New Jersey facing detention and deportation. The initiative was established in partnership with community-based legal services providers including Legal Services of New Jersey, American Friends Service Committee, Rutgers Law School, and Seton Hall Law School. Together, DDDI functions to address the lack of guaranteed legal counsel in immigration proceedings. Unlike criminal defendants, individuals in deportation cases generally do not have the right to a government-appointed attorney.  

Recent ICE actions and expanded detention practices have increased the number of individuals facing prolonged detention without access to bond hearings or other procedural protections, raising significant due process and constitutional concerns.  

Until now, the rapid expansion of detention in New Jersey has outpaced DDDI funding. As a result, increasing numbers of New Jerseyans are forced to represent themselves during complex federal proceedings. The increase in funding for this initiative, coupled with the increase in lawyer capacity through the Rapid Legal Response Initiative, will help address this problem by providing qualified individuals with attorneys.  

If you are a New Jersey resident detained by U.S. Immigration and Customs Enforcement and need legal support, complete the DDDI referral form. If you are seeking representation for an unaccompanied child, complete the online referral form or call 201-305-9217. 

About the Rapid Legal Response Initiative 

The Rapid Legal Response Initiative is a new addition to ONA’s suite of existing legal services programs. It will expand legal services capacity statewide, support efforts to secure stays of removal or transfer when individuals face expedited action without due process, challenge unlawful third-country deportations and removals when appropriate, and provide legal support aimed at preventing transfers that could separate individuals from counsel and family support networks. 

In many cases, habeas petitions and related federal court proceedings represent one of the most effective, and sometimes only, avenues available to challenge unconstitutional detention and protect constitutional rights. While immigration legal service providers possess extensive experience representing clients before immigration courts, many organizations have limited capacity to pursue federal litigation and emergency habeas matters. At the same time, many attorneys with federal litigation experience are eager to assist but may need immigration-specific training, mentorship, and coordination.  

The Rapid Legal Response Initiative will bridge that gap by connecting experienced federal litigators and volunteer attorneys with immigration practitioners to strengthen statewide legal response capacity and protect due process for detained individuals. 

The initiative will focus on: