Activists renew push to keep ICE out of courthouses
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Immigrants rights activists rallied in Albany in support of the Protect Our Courts Act. Photo via Legal Aid.
By David Brand
Immigrants and their advocates on Tuesday renewed the effort to pass a state law banning Immigration and Customs Enforcement agents from making arrests in and around courthouses.
The activists gathered outside the Capital Building in Albany to call for passage of the “Protect Our Courts Act,” which has majority support in both chambers of the state legislature and has picked up endorsements by four of New York City’s five district attorneys. New Queens DA Melinda Katz last year said she supported the measure, which would make it illegal for ICE to arrest people coming in and out of court.
Sanctuary for Families Executive Director Judy Harris Kluger, a former judge, said her agency’s clients— many of whom are victims of crime — fear visiting court because of the threat of ICE arrest.
“Many are in desperate need of the protection of our legal system,” Kluger said. “We know, without doubt, that they are fearful of coming forward to get orders of protections, securing child custody agreements and testifying against their abusers. They should not have to make the impossible choice between their safety and the chance of deportation.”
At least seven people were arrested inside courthouses, including one in Queens Criminal Court, in 2019, according to the Office of Court Administration. In April 2019, OCA issued a directive mandating that ICE agents present a signed judicial warrant and get it reviewed by a judge in the courthouse before making a courthouse arrest.
OCA does not track arrests outside courthouses, where most arrests occur, advocates say. A report by the Immigrant Defense Project listed at least 203 courthouse ICE arrests and sightings statewide in 2019. Queens accounted for the second highest number of any county in the state, with 34; Brooklyn was highest with 38.
In 2018, at least 32 people were arrested by ICE agents in and around courthouses in Queens, IDP reported.
One woman was arrested outside Queens Family Court after making an appearance related to a dispute with her former partner. The woman was detained in a New Jersey jail where she developed severe stomach problems and transported to a second immigration jail in Louisiana. A federal judge stayed her deportation and she returned to her family in Queens, where she continues to await an immigration decision.
Protect Our Courts Act sponsor Michelle Solages, an assemblymember from Long Island, said the bill would ensure more people appear in court without fear of arrest.
“The American judicial system is based on equity and equal accessibility to justice,” Solages said. “We must continue to reaffirm our belief in these principles even as federal law enforcement agencies enact and executive policies that are antithetical to those ideals.”
