Kerry Bretz Immigration Law Blog on Lawyers.com

Getting about in New York City is a simple and easy matter of taking the appropriate bus and subway. Over the years, I, as well as members of my staff, at a moment's notice, have taken a subway train to visit a client at Varick Street.  In contrast, a car is needed to travel efficiently to the Hudson County Jail in New Jersey.  It is worth noting that most New Yorkers and New York-based attorneys either do not own or do not use cars to get around because of the convenience afforded by New York's mass transit system. The option of driving a car to the Hudson County Jail to visit a detainee is out of reach for most New Yorkers. This commuting issue may seriously reduce detainees' choices of New York-based legal counsel, both free and paid. Also, the time constraints of interstate travel may adversely affect the frequency and amount of face-to-face time that a New York immigration attorney can have with his client in New Jersey.

The detainees being sent to the Hudson County Jail are fortunate compared to the thousands of longtime New Yorkers sent from Varick Street over the years to jails and detention centers in other states as remote as Alabama and Texas, which are thousands of miles from family and retained counsel.  These transfers to faraway detention sites can suddenly happen even before scheduled court appearances in New York.  Many of these distantly relocated detainees face serious barriers to securing and maintaining counsel; standing up for their rights and fighting their deportation case; and staying in contact with family and friends.  These detainees commonly complain about limited telephone access and costly telephone service.  For many of them, family visits are out of the question for financial reasons.   These conditions make their detention less endurable and also diminish their will to fight their deportation cases. 

These above problems faced by New Yorkers detained outside of their home state point up the need for a detention center in New York City.  The broadening over the years of the list of deportable criminal offenses and the adoption of mandatory detention laws are additional reasons.  In fact, the Varick Street facility came into being well before these immigration law developments.  New York is one of the leading metropolitan cities in this country, with a large immigrant population.  It would therefore be sensible and humane to have an immigration detention center that meets national detention standards in New York City.  By comparison, the federal government has the funds to maintain the Metropolitan Correctional Center in Manhattan and the Metropolitan Detention Center in Brooklyn for federal criminal inmates.

U.S. Senator Charles Schumer has called upon the federal government to reverse its plans for the Varick Street detainees for some of the reasons that I outline above. Besides taking in his views, I have also had talks with senior ICE officials, representatives of NGOs, and AILA members about this matter. Taken all together, I think the Varick Street detention operations should not be discontinued until arrangements for housing the detainees in New York City, instead of New Jersey, can be made. This would promote accessible, effective and efficient legal representation for the detainees, while providing families with optimal access to their detained loved ones.

This article was provided by Bretz & Coven, helping clients in immigration legal matters, including those who have been deported from New York City.  Bretz & Coven is located 305 Broadway, Suite 100, New York, NY 10007-1109.