Another step to protect illegal immigrants in New York: the city sued ICE

NYC filed a lawsuit against the ICE for arresting immigrants right in the courthouse. Such arrests deter immigrant witnesses from assisting law enforcement and prevent victims from reporting crimes, as they fear harassment by the immigration authorities. Writes about this The City.

The lawsuit, filed by New York Attorney General Letizia James and Brooklyn District Attorney Eric Gonzalez, is against ICE's recent growing practice of arresting immigrants directly in court.

The federal immigration agency “disrupts the efficient functioning of our courts, keeps victims and witnesses from helping law enforcement agencies and asserting their rights, impedes investigation and undermines public safety,” the lawsuit said.

The presence of immigration agents in the courts delayed sentencing because witnesses could not appear in court.

According to James, such an ICE tactic violates the constitutional federal powers and the ban on civil arrest in court.

Fear drowns out justice

James and Gonzalez cite a June case in which an ICE agent entered the Manhattan Criminal Court and informed the bailiff that he had come there to watch the defendant, whom he planned to arrest.

Since the ICE agent did not have a court order, a court officer told him that no arrest could be made in the building. In response, an ICE agent announced that he would arrest the defendant outside the courthouse. The judge eventually adjourned the trial for two months.

The Brooklyn County Attorney's Office claims that its ability to prosecute has been “hit hard” by ICE, which has instilled fear in immigrant communities.

Gonzalez pointed out a case where a victim refused to testify, fearing that ICE agents would arrest her right in court. Without her testimony, the assistant district attorney in this case was forced to withdraw part of the charges.

Courthouse arrests

As part of the Immigrant Protection Project, which focuses on the legal rights of immigrants, 127 arrests in court buildings in New York have been compiled.

Throughout the state, the group registered 178 immigration arrests at or near courthouses in 2018 — unlike 11 two years earlier.

The Judicial Administration has introduced a rule prohibiting immigration agents from making arrests inside courthouses unless they have a warrant, making New York the first state to issue such a directive.

Officials in other states have also taken steps to curb ICE's presence in court buildings.

In late April, several district attorneys in Massachusetts sued the ICE in connection with the policy of the immigrant arrest court. Argumentation of the claim reflected the arguments of James and Gonzalez.

Two months after filing the lawsuit, a federal judge issued a preliminary injunction, temporarily suspending ICE's ability to arrest in Massachusetts courthouses.

Suit from an anonymous immigrant

Meanwhile, the Legal Aid Society and Manhattan-based law firm Clearly Gottlieb filed a separate lawsuit demanding a permanent injunction against ICE arrests in courthouses.

The plaintiff is an anonymous illegal immigrant who has lived in New York for the past four years. He refused to testify for fear of being arrested in court.

The lawsuit claims that ICE’s “unlawful surveillance and arrests” in New York’s courthouse violate the Fifth Amendment to the US Constitution, which guarantees a universal right to due process.