Cuomo signs ICE out of courts into law

Moses Kuwema

Governor Andrew Cuomo has signed the Protect Our Courts Act (S00425A/A2176A) to ensure New Yorkers can freely access the justice system without fear of being targeted by federal immigration authorities.

The legislation addresses longstanding concerns that federal immigration enforcement was deterring immigrants from appearing in New York State courts and impeding the fair administration of justice.

It builds upon a prior executive order by the Governor and a directive by the chief judge of the New York State Unified Court System.

“Unlike this federal government, New York has always protected our immigrant communities,” Governor Cuomo said on Tuesday.

“This legislation will ensure every New Yorker can have their day in court without fear of being unfairly targeted by ICE or other federal immigration authorities,” he added.

The bill would not prohibit an arrest warrant from being authorized by a judge.

However, an immigration-related courthouse arrest based on an administrative warrant, or without a warrant, would not be permitted.

This is currently the requirement on state land and in state buildings per Executive Order 170.1, issued in 2018 to protect New Yorkers who are accessing essential services on state property to do so without fear of arrest.

Senator Brad Hoylman, Chair of the New York Senate Judiciary Committee said, “This new law is a powerful rebuke to the outgoing Trump administration and their immigration policies that have undermined our judicial system. After today, New York’s courts will no longer be hunting grounds for federal agents attempting to round-up and initiate deportation proceedings against immigrants.

“The Protect Our Courts Act bars ICE from making warrantless civil arrests of immigrants attending court proceedings and gives New Yorkers the peace of mind that our courthouses remain sanctuaries of justice.

“I’m grateful to Governor Cuomo for signing this bill into law and Senate Majority Leader Andrea Stewart-Cousins for making immigrant rights a priority issue, as well as Assemblymember Michaelle Solages and the coalition of advocacy organizations that fought for this bill, including the Immigrant Defense Project, Make the Road New York and the New York Immigration Coalition. I’m also thankful to Attorney General Tish James for her successful legal challenge to ICE’s outrageous courthouse arrest practices.”

Assemblymember Michaelle Solages, Chair-elect of the New York State Black, Puerto Rican, Hispanic & Asian Legislative Caucus said, “The individual rights granted to all New Yorkers by the U.S. Constitution should not be dependent upon who holds the office of the presidency. There is a real and tangible fear among the immigrant community that the courts are not safe from ICE intervention, often creating a dangerous barrier for justice.

“The Protect of Courts Act reaffirms our commitment to the principles of justice that our courts were founded on. All New Yorkers regardless of income, race, religion, or immigration status should have the opportunity to use the court system to advocate for themselves and their interests.

“This bill would not have crossed the finish line without my partner, Senator Hoylman, Governor Andrew Cuomo, and the immense efforts of all of the advocacy organizations that make up the Justice Roadmap Coalition, specifically the Immigrant Defense Project and the New York Immigration Coalition. This victory is for every person seeking justice in a New York court of law.”

Immigrant Defense Project interim Executive Director Mizue Aizeki welcomed the Bill saying, “for too long, ICE has conducted raids with impunity—misleading people saying they’re local police, and taking advantage of the court system to advance it’s deportation agenda.

ICE thrives by vilifying and criminalizing immigrants, and New York stands tall in fighting back against a politics of hate and harm. The ICE out of courts coalition celebrate the years of steadfast advocacy that paved the way for this victory. We thank Senator Holyman and Assemblywoman Solage for their leadership in this legislation, and Governor Cuomo for signing it into law.”