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A non-profit newsroom, powered by WNYC. Gothamist Listen Live Donate News Delaney Hall detainees say they're crime victims. They hope that lets them stay in the US. By Michael Sol Warren Published Aug 20, 2026 at 8:01 a.m. ET
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More than 10 people who have been held at the Delaney Hall ICE detention center in Newark are employing a novel legal strategy in hopes of avoiding deportation.
They’re seeking visas reserved for crime victims who are aiding law enforcement investigations — hoping the New Jersey state attorney general backs them up as her office investigates allegations of civil rights abuses inside the center.
Selenia Destefani, an immigration lawyer representing the group, said the requests were made to Attorney General Jennifer Davenport more than two weeks ago. She said each person in the group had been detained at Delaney Hall between February and July this year, with many of them present during the hunger and labor strike held by detainees earlier this summer. That strike, combined with protests outside the facility’s gates, drew a national spotlight on Delaney Hall for weeks.
“Desperate times call for creative measures,” Destefani said.
The group includes Martin Soto, a Peruvian man whose sudden transfer out of Delaney Hall in late May sparked those intense protests, which often led to violent clashes between demonstrators and ICE agents, or state and local police.
Davenport’s office declined to comment. Destefani said Davenport’s office confirmed receiving her clients’ requests, but there’s no timeline for when a decision on whether or not the attorney general will certify the claims. If Davenport agrees to certify their claims, the group will apply for U visas from federal immigration authorities.
Even just submitting an application for a U visa could potentially protect an immigration from being deported. The Trump administration last year instituted a new policy that would have stripped such protections, but a federal judge in California earlier this year blocked that policy amid ongoing litigation.
Destefani said she couldn’t share the exact allegations being made by her clients, but she said each person in the group believes the treatment they were subjected to inside Delaney Hall constitutes crimes committed against them.
In open letters and in messages passed through advocates and family members, Delaney Hall detainees have complained about rancid food, lacking access to healthcare and being denied access to legal aid, and have alleged inhumane conditions became worse in response to the strike. In one May incident, families alleged Delaney Hall guards beat and tear-gassed detainees .
“ We do believe that there was inhumane treatment, and that treatment corresponded to more than one qualifying crime,” Destefani said.
The Department of Homeland Security and the GEO Group, the Florida-based company that operates Delaney Hall for the federal government, have repeatedly denied any allegations of mistreatment, and DHS has previously said that comprehensive medical care is provided to all people in ICE custody. GEO Group said in May it had broken up a fight among detainees with tactics that included the use of chemical agents.
Destefani said this is the first time she’s sought U visas for clients in these circumstances.
“ I never done this type of case, but I do believe that this is not a frivolous application,” Destefani said. “On the contrary, I believe that a crime was committed.”
GEO Group referred questions to ICE. ICE did not answer questions from Gothamist. The Department of Homeland Security answered an inquiry from Gothamist by asking for the names of people seeking U visas, but did not address any questions.
At least three people have died after medical emergencies at Delaney Hall since December. A Gothamist review of court filings found more than 70 lawsuits had been filed by detainees alleging medical neglect at the facility.
Davenport announced a state civil rights investigation into Delaney Hall earlier this month. Davenport said at the time the investigation would focus on “whether any action or inaction by GEO Group employees violated the civil rights of people detained at the facility.” She pledged that state authorities would take “every action available under law” to protect the rights of people detained at the facility.
“New Jersey has both a legal and a moral duty to stand up for the civil rights of people within our state,” Davenport said in a statement at the time. “For people who are held involuntarily, including by a private corporation like GEO Group, those rights include the right to humane treatment and adequate medical care.”
Davenport and her office have called on people with information on conditions inside of Delaney Hall to share their experiences with investigators.
Destefani said Soto and the rest of the group seeking U visas are willing to cooperate, and she hopes Davenport will support their claims.
“ My clients are willing to cooperate with this investigation, to bring the crime to justice,” Destefani said. “And I hope that if that happens, the AG will be willing to certify our U-visa requests.”
Michael Sol Warren covers New Jersey for WNYC and Gothamist, and previously reported on issues around the Garden State for NJ Spotlight News and NJ Advance Media. He can be reached at [email protected] .
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