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Tipsheet

Justice Department Is Suing This State for Shielding Illegal Immigrants From Deportation

AP Photo/Alex Brandon

The Justice Department has filed a lawsuit against the state of New York over a policy that bars Immigration and Customs Enforcement (ICE) officers from arresting illegal immigrants near courthouses.

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The law, titled the Protect Our Courts Act, has been in effect for over four years. The Justice Department claims that the measure “purposefully shields dangerous aliens from being lawfully detained at or on their way to or from a courthouse and imposes criminal liability for violations of the shield,” according to a press release

Attorney General Pam Bondi criticized the law, saying New York is “employing sanctuary city policies to prevent illegal aliens from apprehension.”

New York’s law comes after Executive Order 10866, Declaring a National Emergency at the Southern Border, which directs the Department of Homeland of Security to issue guidelines for the safe and effective enforcement of immigration laws around the country, specifically at or near courthouses. As is true in all types of law enforcement, conducting an arrest at or near a courthouse often reduced the risk of flight and potential safety risks to the public, law enforcement officers, and targets themselves due to the enhanced security screenings in place at courthouses. New York’s law runs counter to common sense and endangers communities by eliminating safe places for law enforcement officers to act.

Former New York Gov. Andrew Cuomo signed the Protect Our Courts Act into law in December 2020. It protects illegal immigrants from arrests in state courthouses. This means migrants can attend court proceedings without fear of arrest and deportation. Under the law, courts can require law enforcement officials to identify themselves, state their purpose, and furnish warrants that the court can review before making arrests on the premises.

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The law prohibits arrests in courtrooms except in extraordinary circumstances. 

When New York passed the law, there had been a 1,200 percent increase in ICE courthouse arrests between 2016 and 2017 and was likely a response to President Donald Trump’s aggressive immigration policies during his first term. 

Now, as New York City struggles to handle the influx of illegal immigrants and asylum seekers that occurred under the Biden administration, immigration has become a hot-button issue. The Justice Department has filed other lawsuits challenging similar laws in states like New Jersey.

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