Joe Giudice wants to be kept in custody by ICE pending a deportation decision

Joe Giudice is tired of being kept behind bars and feels that the least the judge can do is let him out to see his family … especially if he will soon be deported anyway.

Sources close to TeresaHer husband tells TMZ … that he will hold a bail hearing on Wednesday morning in a Pennsylvania immigration court to decide if he can be released from CIE custody. while he is appealing his deportation case.

We are told that Joe's extended family will be with Teresa, but not his children. Joe will not be physically in the courtroom because he is detained for a few hours at the Clinton County Detention Center … but he will appear by video.

Our sources say that the former star of "Real Housewives of New Jersey" is extremely nostalgic and thinks he's having a cruel deal … staying behind bars.

Joe went to prison in March 2016 and has been detained since, even after serving his sentence his 41-month sentence for conspiracy to commit electronic fraud and bankruptcy fraud.

As we reported … he was released from federal prison in march but was immediately transferred in the custody of ICE, because a judge ordered his deportation to his home country, Italy, once he was released. However, Giudice appealed this decision and lost his case, but appealed again to a higher court … where the case is ongoing.

We are told that Joe just wants to be able to go home to New Jersey pending a final decision.

Giudice Family Lawyer, James Leonard Jr., tells us … "What's happening to Joe Giudice, his family and thousands of other families regarding these draconian laws about Immigration is simply inhuman. "

He adds … "We are asking for some kind of respite from the court tomorrow, this family has paid its debt to the company, and then to a party, Enough, that's enough."