Judge upholds NYS law blocking ICE agents from state courthouse enforcement actions

A federal judge has dismissed a move by the Trump administration to overturn New York State law blocking efforts by U.S. Immigration and Customs Enforcement agents to arrest or detain "any alien" appearing or attempting to appear for hearings at state courthouses.

The judge rejected claims that restrictions in place under the state’s Protect Our Courts Act create unconstitutional roadblocks to immigration enforcement.

The ruling on Monday by U.S. District Judge Mae A. D’Agostino was heralded by New York Attorney General Letitia James, who, in a statement, said: "Everyone deserves to seek justice without fear. This ruling ensures that anyone can use New York’s state courts without being targeted by federal authorities."

The battle behind the lawsuit filed by the U.S. Department of Justice Civil Division against the state, including Gov. Kathy Hochul, is rooted in actions going back almost a decade, among them a ruling secured by James in 2020 barring the first Trump administration from conducting civil immigration arrests "in and around" state courthouses.

It was not immediately clear on Tuesday how often such enforcement — or, attempted enforcement — has taken place. But the decision notes that before 2017, ICE "generally prohibited its officials from engaging in civil enforcement action at courthouses" — except in "very limited circumstances" — and claims, as a result of Trump's change in policy, civil immigration arrests at state courthouses in New York increased "some 1,200%" over a three-year period ending in 2020.

The Protect Our Courts Act does not apply to federal and immigration courts.

'Big victory'

The federal judge's decision is a "big victory" for immigrants and their advocates, who have had to contend with fears that ICE agents may be lurking outside state and county courthouses, said Jessica Greenberg, legal director for the Central American Refugee Center in Hempstead.

That fear "was a significant enough issue that people were not going to court," she said in a phone interview on Tuesday.

Though the state law applies only to nonfederal courts, the Central Islip court complex includes both Suffolk County and federal courthouses, making the state law difficult to enforce, said one advocate who spoke on the condition of anonymity. 

Greenberg said some immigrants avoided responding to subpoenas to testify in court, declined to seek orders of protection and skipped appearances in Family Court for child custody hearings because of concern about being detained by ICE.

"I know that this is an issue everywhere. It is a deterrent to people who have to go to court," Greenberg said. "People were harmed because they were not going to court."

Suit filed in Albany

The suit, filed in the U.S. District Court for the Northern District of New York in Albany, said on May 27, ICE issued new "guidance addressing civil enforcement activities in or near courthouses" — the agency arguing “[i]ndividuals entering courthouses are typically screened by law enforcement personnel to search for weapons and other contraband" and targeting "alien(s)" reduced safety risks to the public.

Meanwhile, the state argued the Dec. 15, 2020, enactment by the New York State Legislature of the Protect Our Courts Act protected "the operations of [the State’s] judicial system" — and, it did so without creating those alleged unconstitutional roadblocks to enforcement.

In her ruling, D’Agostino, upheld state law and also two executive orders signed by then-Gov. Andrew M. Cuomo, limiting the ability of the state to disclose information to ICE agents leading to arrests in state facilities without a warrant.

"New York is not attempting to regulate federal agents and it is not prohibiting the federal government from enforcing immigration law," D’Agostino wrote in her decision.