Faced with a threat of stepped-up enforcement in New York by Donald Trump’s new border czar, top New York court officials are laying down the law and saying they will continue to shut their doors to federal immigration authorities looking to round up undocumented immigrants as they seek to launch mass deportation proceedings in the Empire State.
The state court system will stick by two policies put in place in 2020 in response to an increase in arrests by ICE in New York state courthouses during Trump’s first administration, a spokesman for the Office of Court Administration indicated Tuesday.
“Under New York State law and federal court order, U.S. Immigrations and Customs Enforcement (ICE) cannot make a civil arrest in or on the property where a New York State courthouse is located,” Al Baker, spokesman for OCA and Chief Judge Rowan Wilson, said in a statement.
The federal agency “also cannot make a civil arrest while a person is going to, remaining at, or returning from court unless ICE has a warrant signed by a Judge,” Baker continued.
A federal court judge ruled in June 2020 that the practice of making civil immigration arrests at state courthouses interferes with case proceedings, and a state law was put on the books in Dec. 2020, blocking ICE from making arrests in and near state courthouses.
It’s still uncertain exactly how Trump’s administration will handle the issue of immigration — or the justice system — but he campaigned on an ambitious anti-immigration platform. His newly-tapped “border czar” Tom Homan, has vowed to carry out a deportation program in New York, whether local officials like it or not.
“If we can’t get assistance from New York City, we may have to double the number of agents we send to New York,” Homan said on Fox & Friends on Monday. “Because we’re going to do the job with you or without you.”
Homan previously served as acting director of ICE under Trump in 2017 and 2018, leading the administration’s controversial family separation policy.
Mayor Adams said at his weekly briefing at City Hall on Tuesday that he’s not a proponent of Trump’s deportation proposal, which could involve removing undocumented immigrants from the U.S., regardless of whether they have committed any crimes.
“I’m not a supporter of mass deportations. I’m a supporter of making sure our borders are secure [and that] whomever is paroled into this country has a pathway to employment so they can provide for themselves,” the mayor said, reiterating that he wants an expedited process for migrants to get work permits as well as a decompression strategy at the border to spread recent migrants out across the country.
The mayor did say he’s not a fan of the current state of the city’s sanctuary laws, which bar local authorities from cooperating with federal immigration authorities in many scenarios.
“The city rules are clear: no city resources can be used to cooperate or collaborate with ICE. We have to abide by those rules. I think that should be modified and I think that should be changed,” Adams said, without elaborating on how exactly he would look to modify the laws.
Tina Luongo, Chief Attorney of the Criminal Defense Practice at the Legal Aid Society said that an ICE presence in courts hinders justice.
“ICE does not belong in or near our courts. Period.” Luongo said. “In order for our judicial system — a pillar of our democracy — to operate effectively, it is fundamental that immigrant communities have equal access to justice. We laud OCA for standing firm against this unlawful and brazen practice.”
