The New Jersey Supreme Court has been asked to decide whether an immigration detainer can be used as a factor to increase bail in state criminal court. Manuel Fajardo-Santos’s bail in NJ criminal court was originally set at $75,000 for child molestation. When ICE discovered he was in the country illegally, they picked him up and began removal proceedings, even though his state criminal case had not yet been resolved. State prosecutors convinced the criminal court judge to increase bail to $300,000, arguing that the impending deportation increased the risk that the defendant would not appear for trial. Although an appeals court struck down the bail increase, the NJ Supreme Court has agreed to hear the case.