A federal judge in New Jersey ordered the U.S. Justice Department to conduct an internal review. What DOJ officials reported back was shocking: dozens of violations of court orders tied to immigration cases.
Michael E. Farbiarz, a U.S. District Court judge, ordered the review after immigration authorities illegally moved a detainee out of New Jersey despite him blocking the transfer. The detainee was later returned to the state, but the Farbiarz demanded a broader accounting.
Justice Department Reports More Than 50 Violations
In response, a senior Justice Department official told the court that the U.S. Attorney’s Office in New Jersey had violated court orders more than 50 times since early December.
The violations involved immigration cases handled by Immigration and Customs Enforcement (ICE) and included:
- Transferring detainees in violation of court orders
- Failing to meet court deadlines
- Failing to produce requested information
- Deporting at least one person despite a judge’s order blocking removal
Officials allege violations were unintentional, instead blaming administrative mistakes and a lack of communication. DOJ officials also claim errors were corrected once discovered.
Judge Says Compliance Fell Short
Judge Farbiarz did not buy the explanation, ordering the government to lay out how it would prevent future failures. “The sworn materials show that this case is not fully an outlier,” he wrote. “Judicial orders should never be violated.”
A deadline was given to DOJ officials to present a plan that ensures full compliance moving forward.
Immigration cases at the center
The violations are part of a broader story surrounding the surge in immigration detention challenges in federal court. New Jersey has become a key detention hub for immigrants arrested across much of the Northeast.
Many detainees file legal petitions. When those cases are active, judges will issue temporary restraining orders blocking deportations and transfers until the questions are solved. Still, in many cases, the DOJ has moved forward with transfers and deportations in violation of court orders.
Courts can impose sanctions or hold officials in contempt if violations continue. Judge Farbiarz has not yet indicated if there will be penalties for the violations.
For now, the Justice Department alleges it is working to fix the problems. On the other end, the court is watching closely to see whether compliance improves.
The New Jersey Digest is a new jersey magazine that has chronicled daily life in the Garden State for over 10 years.