Barbed wire lines the fence surrounding Delaney Hall in Newark May 10, 2026. (PHOTO BY DANI MAZARIEGOS) U.S. Immigration and Customs Enforcement placed two of the five men the agency detained in Montclair last week on a bus bound for a 2 a.m. Saturday flight to Louisiana, but returned them to Delaney Hall after a judge ordered they not be removed from New Jersey, their attorney said. Montclair attorney Joseph Fortunato, who represents the men, said a judge signed the order at 8:16 p.m. Friday after he filed petitions challenging their detention. “Because we got the court order, they were taken off the bus and remain at Delaney Hall, where one of them has a bond,” Fortunato told Montclair Local on Sunday. “Montclair community members and others are raising bond so that he can be released.” Petitions Filed Petitions Fortunato filed in federal court on behalf of the five men state that the government detained his clients “without a meaningful individualized custody determination.” He asks the court to grant the petition for a writ of habeas corpus — an order that requires the government to produce a prisoner and prove their detention is lawful. When agents detained them, the men had been on their way to perform work at an apartment building in Montclair, said Fortunato, who is in touch with their families living in Hudson County. Fortunato said Monday that one of the detainees has been released, another was scheduled to be released and the government set bond for a third. Bail Fund One of Fortunato’s clients, a 24-year-old construction worker, was held on a $7,500 immigration bond, according to a community flyer identifying the man as Kevin. It says supporters are raising money through the community bail fund, Envision Freedom Fund. Envision Freedom Fund says it “works alongside impacted communities to dismantle the oppressive and interconnected criminal legal and immigration systems.” “Montclair’s vibrant businesses, neighborhoods and cultural life are made possible by the creativity, dedication, and hard work of the people who contribute to this town every day,” the flyer says. “When a member of our community is in need, it is our responsibility to show up for them.” The court fight comes as questions remain about how agents detained the men Sept. 14. Witnesses told Montclair Local that ICE agents smashed a vehicle window while removing the men from a truck. Video shared with Montclair Local shows an agent forcibly pulling one man from the vehicle, including grabbing his leg. Multiple agents push the other men against the side of the truck as they handcuff them. In a prepared statement, a spokesperson for ICE said agents arrested the five men during “targeted enforcement operations” in Montclair. The spokesperson said the “driver refused to exit the vehicle or comply with lawful commands from ICE officers.” In this image from video, federal agents are seen arresting men on Elm Street near Bloomfield Avenue in Montclair on Monday, Sept. 14, 2026. (COURTESY PHOTO) ‘Verbal Warnings’ “After repeated verbal warnings and due to officer safety concerns, ICE officers relied on their training and attempted to safely remove the [man]. Officers removed him from the vehicle without further incident,” the spokesperson said in the statement to Montclair Local. “The remaining occupants also safely exited the vehicle.” Montclair resident Parker Chehak, an immigrant advocate who had responded to the scene on Sept. 14, however, asked why agents broke the passenger side window when ICE said the driver was not complying. “If the driver is being noncompliant, if I shatter the passenger side window, how am I opening that driver’s side door?” Chehak asked. The truck’s passenger side window was broken during the arrest by ICE agents Sept. 14, 2026. (Courtesy of Joseph Fortunato) ‘Significant Escalation’ Jason Williams, a professor of Justice Studies at Montclair State University, who viewed the video, said he would like to know what happened before the officers broke the window. “Breaking the vehicle window and physically extracting someone represents a significant escalation in an encounter such as that,” Williams said. “And so, it doesn’t automatically mean that the force was unjustified.” But the use of force raises important questions, he said. “What governmental objective were the agents trying to accomplish?” Williams asked. “What threat or resistance were they confronting? And also, what alternatives were reasonably available? And why was this this level of force necessary?” Without that information it’s hard to know the full picture, he said. ICE Accounts ICE identified three of the five men, provided the following accounts of their immigration cases and said each remains detained “pending removal.” A man from Honduras, had “illegally reentered” the United States after being removed April 29, 2009. A man from Honduras, had been “ordered removed” by a federal Justice Department immigration judge on July 13, 2026. He “unlawfully entered” the U.S., encountered U.S. Border Patrol July 18, 2024, and was subsequently released. A man from Mexico, “unlawfully entered” the U.S. at an unknown date and location. “The other two [men] were issued a notice to appear and will receive all due process,” the ICE spokesperson said. “ICE is enforcing the law as written. What makes someone a target for immigration enforcement is whether or not they are illegally in the U.S.” The spokesperson did not say how agents came to learn of the mens’ immigration status. Elected officials in Montclair have pushed back. “I find reports of immigration enforcement activity in our community deeply disturbing, regardless of immigration status,” Mayor Dr. Renee Baskerville said shortly after the detentions. “We must never lose sight of their humanity. We believe in the dignity of every person.” Arrests in Bloomfield ICE carried out the detentions in Montclair on the same day they also detained a man in neighboring Bloomfield, according to a post from the Bloomfield Immigrant Justice Network, which shares video of federal agents taking the man into custody on Bloomfield Avenue. The political protest group, Montclair Sundays, said in an email that between Montclair and Bloomfield, ICE detained about 10 people last week. Authorities have not verified that figure. Williams, the professor, noted the arrests in Montclair happened as elementary school students were on their way to the Charles H. Bullock School nearby. The way agents do their jobs may significantly impact how community members view law enforcement, he said. “The manner in which they perform their duties can have severe consequences towards their legitimacy and how the community begins to trust or mistrust law enforcement and their willingness to even engage with law enforcement,” Williams said. Matt Kadosh Reporter Montclair Local Matt Kadosh is an award-winning reporter with a focus on local government, education and public safety. He fills information needs and seeks solutions with rigorous reporting. More by Matt Kadosh