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46 Rutgers L. Rec. 1 (2018-2019)

handle is hein.journals/rutglr46 and id is 1 raw text is: 












                        RUTGERS LAW RECORD
                               The Digiral Journal of Rugers Law School
                                       lawrecord.com
Volume 46                                                                        2018-2019





  How NEW JERSEY'S BAIL REFORM AND PRESIDENT TRUMP'S IMMIGRATION POLICIES MAY
                          AFFECT UNDOCUMENTED IMMIGRANTS

                                    KATELYN GAMBA'

       I.     Introduction

       In January 2017, bail reform went into effect in New Jersey, turning the system from a

resource-based assessment to a risk-based assessment. Indigent defendants, who previously could not

post bail for minor crimes committed in the state, are no longer detained just because they cannot

afford to pay. However, also in January 2017, President Donald Trump's strict policies against

undocumented immigrants went into effect. Since then, the priority to remove people from the

country has increased and thus the number of immigration arrests has also increased. Formerly,

undocumented immigrants who could not post bail and were convicted of crimes would serve their

sentence before the removal process was started. But now, individuals who are released under the

reformed bail policy are being picked up by immigration officials and possibly removed from the

country before their criminal cases are resolved. This will result in some victims failing to get justice,

which is ironic because the president has also created a special office for victims of crimes committed


1 J.D. Candidate, Rutgers Law School.

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