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New York passed law protecting immigrants in courts

'17.12.2020'

Vita Popova

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The Courts Protection Act prohibits civil arrests of immigrants involved in legal proceedings in New York State. It will ensure that they have free access to the justice system without the risk of being targeted by federal immigration authorities, including ICE. This is reported on the official website the governor's administration.

Photo: Shutterstock

Illegal immigrants in New York are often afraid to go to the courts for protection in case of danger, as immigration officials may be waiting for them there. They often choose to remain in unsafe situations for themselves, so as not to put themselves at risk of deportation.

However, now the situation will change. On December 15, New York Governor Andrew Cuomo signed into law the Protect Our Courts (S00425A / A2176A) Act. The document will provide New Yorkers with free access to the justice system without fear of becoming a target of federal immigration authorities.

This law addresses a longstanding problem that immigrants face the risk of being detained by federal immigration authorities when they appear in court buildings for other cases.

“Unlike the federal government, New York has always protected our immigrant communities,” Cuomo said. "This law will ensure that every New Yorker can go to court without fear of unfair action from ICE or other federal immigration authorities."

The bill does not prohibit the issuance of an arrest warrant for an immigrant. However, the arrest in the courthouse on the basis of an administrative order, as well as without it, will be prohibited.

Brad Hoylman, chairman of the New York Senate Judicial Committee, said: “This new law is a powerful rebuke to the outgoing Trump administration and their immigration policies that have undermined our judicial system. From now on, New York courts will no longer be hunting grounds for federal agents trying to raid and initiate the deportation of immigrants. Our Courts Protection Act prohibits ICE from making civil arrests for immigrants involved in legal proceedings and gives New York citizens the confidence that our courts remain sanctuaries of justice. ”

On the subject: New York Immigrants Afraid to Go to Court for Defense: How Quarantine Compounded the Situation

State Legislator Michaelle Solages commented on the document signed by the Governor: “The individual rights granted to all New Yorkers by the US Constitution should not depend on who is the president. There is a real and tangible fear among immigrants that the courts are not immune from ICE interference, and this often creates a dangerous barrier to justice. The Law on the Protection of the Courts confirms our commitment to the principles of justice on which our courts are based. All New Yorkers, regardless of income, race, religion or immigration status, must be able to use the judicial system to protect themselves and their interests. ”

It is noted that the signing of this law became possible thanks to the initiative of Governor Andrew Cuomo, Senate Majority Leader Andrea Stewart-Cousins, as well as the efforts of human rights organizations that are members of the Justice Road Map coalition.

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