The United States Court of Appeals for the Third Circuit heard arguments in the class action suit brought by Lowenstein Sandler and co-counsel Legal Services of New Jersey and Harvard Crimmigration Clinic against U.S. Department of Homeland Security and Immigration and Customs Enforcement where New Jerseyeans held at the Moshannon Valley Processing Center (MVPC) in Pennsylvania, allege they have been denied access to state court proceedings through virtual means like Zoom.

In 2025, the Lowenstein Center for the Public Interest helped successfully secure a preliminary injunction on behalf of Plaintiff American Friends Service Committee and a putative class of individuals detained at the Moshannon Valley Processing Center (MVPC) requiring the individuals to be given immediate access to the New Jersey court system through virtual platforms. The federal government appealed the injunction to the Third Circuit, while the rest of the case is proceeding in district court.

Law360 reports that “a panel for the Third Circuit frequently questioned how the access denial affected [non-citizen’s] rights under the Fifth and Sixth amendments, or how to compare immigration detention with pretrial detention for criminal charges.”

Shira Wisotsky of Legal Services of New Jersey, co-counsel with the Lowenstein Center for the public Interest, challenged the government’s argument that access-to-court appeals were limited to people convicted of crimes seeking postconviction relief, saying: "It's logically incoherent that people would have a right to attack a conviction after trial but no right to appear at that trial.”

The plaintiffs are represented Gavin J. Rooney, Alexander Shalom, Natalie J. Kraner, Naomi D. Barrowclough, Rachel Moseson Dikovics, Noemi S. Schor, Anish Patel, Spozhmai Wardak, Roshard D. Williams, and Ruth Fong Zimmerman.

About the Lowenstein Center for the Public Interest
From its founding, Lowenstein Sandler has been committed to advancing the public interest and serving communities in need. The Lowenstein Center for the Public Interest embodies this commitment, directing the firm’s strong pro bono program and other forms of civic and philanthropic engagement. Through these efforts, the center addresses significant social problems and offers meaningful assistance to low-income and other marginalized people, along with the organizations that advocate for and support them. This work engages the full range of the firm’s talents and reflects the core values that imbue all of the firm’s efforts: to perform work of the highest quality in a manner that maximizes results for our clients and causes.

About Lowenstein Sandler LLP
Lowenstein Sandler LLP is a national law firm with over 400 lawyers based in New York, Palo Alto, Roseland, Salt Lake City, San Francisco, Washington, D.C., and Wilmington. The firm represents leaders in virtually every sector of the global economy, with particular emphasis on investment funds, life sciences, and technology. Recognized for its entrepreneurial spirit and high standard of client service, the firm is committed to the interests of its clients, colleagues, and communities.