After night of unrest, congressmen say ICE jail is ‘shoddy,’ should be evacuated

by Sophie Nieto-Munoz, New Jersey Monitor

Hours after unrest erupted inside a controversial migrant jail in Newark, two members of Congress visited the site and confirmed “major movement of detainees out of this facility.”

Sen. Andy Kim, a Democrat, and Rep. Robert Menendez Jr. (the son of disgraced former US Senator Robert Menendez) visited Delaney Hall Friday morning to inspect the facility and talk with immigration and jail officials after detainees revolted late Thursday over insufficient or inedible food, undrinkable water, and overcrowding.  

“Everything that they told me was that, yes, it’s an insecure facility. They do not have confidence in this facility, which is why they’re doing a security review, and it looks like moving most, if not all, of the detainees out of there while they do a review in that process,” Kim said. 

Four detainees escaped through a wall, made of drywall and mesh, that had toppled in the chaos, Kim said.

“It shows just how shoddy the construction was here, what happens when we are paying billions of dollars for for-profit prisons that are skirting the responsibilities they have and try to pocket as much of that money as possible,” Kim told protestors gathered outside the jail Friday morning. 

The Department of Homeland Security said the four escaped prisoners remain at large, but did not comment on Kim’s concerns or the transfer of detainees. A U.S. Immigration and Customs Enforcement spokesperson did not respond for comment. 

DHS officials also refuted claims of a chaotic night, despite video posted on social media that included authorities pepper-spraying activists and journalists and protesters forming a human barricade to prevent cars from entering the facility on Doremus Avenue in an industrial section of Newark. 

“Contrary to current reporting, there has been no widespread unrest at the Delaney Hall Detention facility. This privately held facility remains dedicated to providing high-quality services, including include around-the-clock access to medical care, in-person and virtual legal and family visitation, general and legal library access, translation services, dietician-approved meals, religious and specialty diets, recreational amenities, and opportunities to practice their religious beliefs,” Homeland Security officials lied. 

Vans and buses lined up Friday morning alongside the jail to move detainees out. It’s unclear where they will be taken. New Jersey is home to one other migrant jail, the Elizabeth Detention Center. 

Delaney Hall, a 1,100-bed facility, was the first immigration detention facility to open under President Donald Trump. The facility, run by prison operator Geo Group, opened just as the Trump administration ramped up efforts to mass detain and deport immigrants.

Backlash began even before it opened, and near-daily protests have cropped up outside since it started housing migrants in May.

Newark officials sued Geo Group, claiming it lacked the proper city permits and inspections to open, including a certificate of occupancy. 

The facility captured national attention when Mayor Ras Baraka was arrested and detained for five hours after attempting to enter. While a judge later dismissed his charges, federal authorities charged Rep. LaMonica McIver with felony assault over a scuffle that occurred when agents handcuffed Baraka. 

In a statement early Friday, Baraka demanded answers from Geo Group and the Department of Homeland Security and urged authorities to “not allow this operation to continue unchecked.” 

“This entire situation lacks sufficient oversight of every basic detail — including local zoning laws and fundamental constitutional rights. This is why city officials and our congressional delegation need to be allowed entry to observe and monitor, and why private prisons pose a very real problem to our state and its constitution,” he said. 

Kim echoed concerns that Geo Group was “cutting corners” in a rush to open the facility.

“We need to see what exactly is going to be the future of this place and whether or not there will still be detainees in here past this weekend,” Kim said.

A Geo Group spokesman did not respond Friday to a request for comment, but has said the facility holds a valid certificate of occupancy and complies with health and safety requirements.

Lawyers barred from entering Delaney Hall

Attorneys were turned away from the facility Friday by guards.

Franklin S. Montero, a Clifton-based immigration attorney, was there for his first visit with a client. 

When he arrived at the gate, guards told him a directive prohibited them from allowing anyone inside and offered no information on when he could enter. That means his client won’t be able to sign necessary petitions and documents before a hearing, he said.

“Never, never, never have I seen this before. In my years of practicing immigration law, I’ve always been able to get inside the facility and meet with my client,” Montero said. “Even during COVID. It’s just — it’s not normal, I’ll tell you that.”

Mustafa Cetin represents a man who has lived in South Jersey since 2022 and was detained during a routine check-in with immigration officials. His client now wants to be released to return to Turkey, Cetin said.

Cetin also got turned away from a scheduled meeting with his client Friday afternoon. He said that’s a due process issue that could be fought in court. 

“I don’t think that’s legal. That should be decided by a court if it’s reasonable for them to do that or not — weighing due process rights, our access to our clients, and them having the resources,” he said.