Federal Judge Upholds New York’s Law
A federal judge ruled on Monday that New York has the authority to enforce its law preventing ICE from making arrests at state courthouses, marking a significant setback for the Trump administration.
Judge Mae D’Agostino, appointed by former President Obama, emphasized that New York has long recognized the right of individuals to be free from civil arrest while attending court. She stated that federal law cannot override this state right.
“New York is not attempting to regulate federal agents and it is not prohibiting the federal government from enforcing immigration law,” she explained. “Rather, it is simply defining, as a proprietor, what activities are not permissible in state-owned facilities.”
This ruling pertains to the Protect Our Courts Act, which was enacted in 2020 in response to aggressive immigration enforcement during the Trump administration. The law stipulates that individuals attending court as parties or witnesses cannot be arrested without a judicial warrant. Since being undocumented is considered a civil offense, no such warrant can be issued.
Additionally, an executive order from former Governor Andrew Cuomo prohibits arrests within state government buildings. This case adds to a series of legal defeats faced by the Trump administration regarding sanctuary policies at both state and local levels.
Earlier this summer, another judge upheld similar sanctuary policies in Illinois and Chicago against a comparable lawsuit from the Trump administration.
The recent court decision suggests that states may have the power to explicitly ban ICE enforcement within certain areas of their jurisdiction. Judge D’Agostino noted that since New York law enforcement provides security at courthouses and publishes schedules for court appearances, allowing ICE to operate there would exploit these resources for its own purposes.
“Compelling New York to allow federal immigration authorities to reap the benefits of the work of state employees is no different than permitting the federal government to commandeer state officials directly in furtherance of federal objectives,” she wrote.
This issue has been previously litigated when New York challenged ICE’s courthouse arrest policy during Trump’s presidency. In an earlier case, a federal district judge also sided with New York before an appeal was made by ICE. However, following Biden’s inauguration, restrictions were placed on courthouse arrests leading to changes in legal standing.
