ICE Can No Longer Arrest Caribbean Immigrants at N.Y. Courthouses

NEW YORK – United States law enforcement can no longer arrest Caribbean and other immigrants at New York’s courthouses without proper permission.

The New York State Legislature last month passed a bill prohibiting U.S. Immigration and Custom Enforcement (ICE) agents from making arrests without a judicial warrant or court order.

The measure was passed in the State Assembly on July 20 and in the Senate on July 22. It was expected to be signed by New York Governor Andrew Cuomo to become law.

“We have seen federal ICE agents make a concerted effort to use courthouses as a means of entrapment, which in turn has created a hostile environment for individuals seeking recourse from New York courts,” said Haitian American Assemblywoman Michaelle C. Solages, who was recently elected to serve as the chair of the New York State Black, Puerto Rican, Hispanic and Asian Legislative Caucus (BPHA) for a two-year term starting on Jan. 1, 2021.

“We have fought tirelessly to protect New Yorkers from the unjust federal policies that target our immigrant communities. This legislation will protect all New Yorkers’ access to the justice system, to ensure public safety.”

Solages, a third-term legislator, is the first person of Haitian descent to be elected into the New York State Legislature.                                                                             

‘HUNTING GROUND’

New York State Senator Brad Hoylman, who sponsored the legislation in the State Senate, said: “We cannot allow our courthouses to become a hunting ground for federal agents attempting to round up immigrant New Yorkers.”

The legislation would prohibit immigration-related courthouse arrest, which is an arrest while on the way to or returning from a court proceeding.

It is expected to promote public safety and ensure that all New Yorkers have access to the justice system and can attend court without fear of immigration consequences.

According to New York’s Immigrant Defense Project, between 2016 and 2017 arrests by ICE agents at courthouses in New York increased by 1,200 percent. The Project said that fear of being targeted, either due to a lack of documented immigration status or concern about the uncertain status of a family member, have dissuaded many individuals from contacting law enforcement or following through with necessary court proceedings.

VICTORY

Last month, New York Attorney General Letitia James and Brooklyn District Attorney Eric Gonzalez won a major victory against the administration of President Donald Trump that prevents the administration’s practice of arresting Caribbean and other immigrants in and around New York state courthouses in a manner that interferes with the state’s administration of justice.

James said the suit sought to halt a three-year pattern of civil immigration arrests by federal ICE agents in and around state courts, “which have caused a major disruption to state court operations.”

By targeting witnesses and victims for arrests, she said non-citizens and immigrants are deterred from assisting in state and local law enforcement efforts or protecting their own rights in court. As a result, the New York Attorney General said valid prosecutions have been “abandoned — or never pursued — making communities less safe.”

After James and Gonzalez filed their lawsuit, the Trump administration immediately filed a motion to dismiss the lawsuit. In December, a judge denied the motion.

Since Trump took office, James said ICE courthouse arrests have skyrocketed in New York, “leading to a widespread, chilling effect on noncitizens’ willingness to initiate and participate in the judicial system.”