Deportation Defense in New Jersey
About this article
Reviewed by the Commoner Law Editorial Team. Sourced from primary statutes (U.S. Code, CFR, state compiled statutes) and official government agency guidance. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
How New Jersey differs from federal law
New Jersey provides strong protections that can assist with deportation defense:
- NJ Immigrant Trust Directive (AG Directive 2018-6): Prohibits NJ law enforcement from participating in civil immigration enforcement, arresting or detaining individuals solely based on immigration status, or allowing ICE to use state resources for enforcement operations.
- Ending of ICE contracts with county jails: Following executive and AG directives, New Jersey ended contracts that allowed county jails to house ICE detainees, significantly reducing local immigration detention capacity.
- NJ Division on Civil Rights: Enforces the NJ Law Against Discrimination (N.J.S.A. 10:5-1 et seq.), which can be relevant in deportation cases involving discrimination claims or workplace retaliation.
- NJ Office of New Americans: Coordinates immigrant services statewide, including referrals to free legal services for deportation defense.
- Universal Representation pilot: New Jersey has piloted programs to provide free legal representation to immigrants in removal proceedings through partnerships with legal aid organizations like the American Friends Service Committee and Legal Services of NJ.
Additional Steps in New Jersey
Contact Legal Services of New Jersey at 1-888-576-5529 or lsnj.org. The American Friends Service Committee NJ office provides immigration legal support at (973) 643-1924. Report violations of the Immigrant Trust Directive to the NJ Attorney General's office.
Relevant Law: NJ AG Directive 2018-6 (Immigrant Trust Directive), NJ Executive Order 274 (2020), N.J.S.A. 10:5-1 et seq. (NJ Law Against Discrimination)
Federal baseline: Deportation Defense nationwide
What is this right?
If the government wants to deport you, you have the right to a hearing before an immigration judge — that's called removal proceedings under INA § 240. The hearing is your chance to challenge the charges, present evidence, and apply for any of several forms of relief that might let you stay.
The main forms of relief: cancellation of removal (for long-time residents who can show extreme hardship to U.S. citizen family), voluntary departure (leave on your own to avoid a formal removal order), asylum defense, motions to reopen (when circumstances change), and bond hearings (release from detention while the case proceeds). The single most important data point in this entire system: studies consistently show that immigrants with lawyers win their cases at roughly five times the rate of those without. Get a lawyer.
When does it apply?
This right applies when:
- You receive a Notice to Appear (NTA) — the charging document that starts removal proceedings under INA § 239
- ICE has detained you and placed you in deportation proceedings
- You have a final order of removal and want to appeal or reopen your case
- You are in "expedited removal" and want to challenge it
- You are detained and want to request a bond hearing before an immigration judge
Key forms of relief:
- Cancellation of removal: Available to people who have lived in the U.S. for 10+ continuous years, have good moral character, and can show exceptional and extremely unusual hardship to a U.S. citizen or permanent resident spouse, parent, or child (INA § 240A(b)).
- Voluntary departure: Allows you to leave the country at your own expense within a set time, avoiding a formal removal order on your record (INA § 240B). This preserves some future immigration options.
- Asylum defense: If you are in removal proceedings, you can apply for asylum as a defense against deportation (defensive asylum). See our Asylum Rights page for details.
- Motions to reopen: If you received an in absentia removal order or if circumstances have changed, you may file a motion to reopen your case under INA § 240(c)(7).
- Bond hearings: If you are detained, you may request a bond hearing before an immigration judge. The judge will decide whether to release you on bond (usually $1,500 or more) or keep you detained under INA § 236.
What to Do If You're in Deportation Proceedings
Step 1: Get a lawyer immediately. EOIR's pro bono legal service provider list at justice.gov/eoir, or call the National Immigration Legal Services hotline at 1-800-354-0365. The 5x success rate is real — it changes everything.
Step 2: Attend every hearing. Write down date, time, and courtroom the moment you get the NTA. Check your hearing status with the EOIR automated hotline at 1-800-898-7180 using your A-number.
Step 3: If detained, request a bond hearing. Your lawyer asks the immigration judge to set bond. Bring evidence of community ties — employment, family, length of residence, tax returns. Common bond amounts run $1,500 and up.
Step 4: Map every available form of relief with your lawyer. Cancellation of removal, asylum, adjustment of status, withholding of removal, and protection under the Convention Against Torture (CAT). Most cases have multiple available paths.
Step 5: Gather evidence. Length-of-residence proof (utility bills, leases, school records, tax returns going back as far as you can), letters from employers, religious leaders, community members, and especially documentation of hardship to any U.S. citizen or LPR family members.
Step 6: If you lose, appeal within 30 days. File Form EOIR-26 with the Board of Immigration Appeals. From there, you can petition for review to the federal circuit court of appeals within another 30 days under INA § 242. Each level has its own evidence rules and deadlines.
What should you NOT do?
Don't ignore the Notice to Appear. The NTA is the foundational document of your case. Read it carefully and bring it to every legal meeting.
Don't accept voluntary departure without understanding the consequences. It avoids a formal removal order on your record but commits you to leaving the country by a specific date. Miss that date and you face a $1,000–$5,000 fine plus a 10-year bar. Discuss carefully with a lawyer.
Don't miss court. An in absentia removal order under INA § 240(b)(5) is automatic on a missed hearing. If you genuinely can't attend, your lawyer should file for a continuance in advance.
Don't go pro se. The 5x success rate gap with lawyers is the most well-established data point in immigration law. Free legal services exist — use them.
Don't sign anything you don't understand. If documents are in a language you don't read, don't sign. Request an interpreter and a lawyer.
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