Judge throws out Trump’s challenge of NY law barring arrests in courthouses
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A New York federal judge dismissed a Department of Justice lawsuit to allow federal agents to make arrests in state courthouses. AP file photo/Yuki Iwamura
By Noah Powelson
A New York federal judge struck down a Justice Department lawsuit this week that sought to end a law that prevents immigration officials from arresting individuals in New York State courthouses.
U.S. District Judge Mae D'Agostino dismissed the lawsuit from the Trump administration lawsuit that argued the 2020 Protect Our Courts Act and two state executive orders that limit state employees' cooperation with the federal government were unconstitutional. The decision marks a major setback for the president’s efforts to expand Immigration and Customs Enforcement arrests in the city and state.
The 41-page ruling released on late Monday evening flatly rejected the Trump administration’s arguments that POCA and the executive orders were unconstitutional and went against the Immigration and Nationality Act of 1952, referred to as INA.
Core to the Justice Department’s argument was that federal law supersedes any conflicting state law, and state officials were required to cooperate with federal immigration enforcement.
But D'Agostino, who was appointed by former President Barack Obama in 2011, saw otherwise and ruled that the state’s sovereignty in these matters is protected by the 10th Amendment.
“Compelling New York to allow federal immigration authorities to reap the benefits of the work of state employees is no different than permitting the federal government to commandeer state officials directly in furtherance of federal objectives,” the decision reads. “The Executive Orders and POCA reflect Defendants' decision to not participate in enforcing civil immigration law – a decision protected by the Tenth Amendment and not preempted by the INA.”
The decision for now puts to rest the question of whether federal immigration authorities will appear in New York’s state and local courts. D'Agostino’s ruling will have no effect on ICE operations at 26 Federal Plaza, which is under federal jurisdiction.
New York State Attorney General Letitia James, who was listed as a defendant iin the lawsuit, celebrated the decision.
“Everyone deserves to seek justice without fear,” James said in a statement. “This ruling ensures that anyone can use New York’s state courts without being targeted by federal authorities.”
The decision was also applauded by numerous legal aid organizations, including the Legal Aid Society, The Bronx Defenders, Brooklyn Defender Service and the New York Civil Liberties Union.
“Today’s decision confirms what we’ve said for months: courthouses are no place for ICE agents to arrest people,” Amy Belsher, director of Immigrants’ Rights Litigation at the NYCLU, told the Eagle in a statement. “This is a significant victory, but the work doesn't end here: the NYCLU is fighting in the courts to ensure ICE is also prohibited from conducting arrests in immigration courts.”
Other advocacy groups, like the New York Immigration Coalition, said Monday’s ruling was a significant win but called for lawmakers to continue advocating for further legislation prohibiting local law enforcement from working with federal immigration agents.
“When ICE arrests people who show up for their court cases, it disincentivizes people from following the legal processes set forth in our country,” Murad Awawdeh, president and CEO of the New York Immigration Coalition, said. “Judge D'Agostino’s ruling is an important step towards maintaining the integrity of local and state courts in New York.”
“New York must further its commitment to the safety of all New Yorkers by passing the New York For All Act, and the federal government must stop its unlawful detentions of New Yorkers at federal immigration courts throughout the state,” Awawdeh added.
New York State does not have a specific immigrant sanctuary law, but does have laws that limit cooperation with federal immigration officials.
POCA was signed into law by former New York Governor Andrew Cuomo in December 2020. The law prohibits arrests in and around New York State courthouses without a judicial warrant, with a specific intent towards migrants. The law does not pertain to federal courts or immigration courts.
The two Executive Orders named in the suit, 170 and 170.1, were also signed by Cuomo in 2017 and 2018 respectively. They restrict warrantless civil arrests in New York State buildings and limit state employee cooperation with federal immigration enforcement.
The Justice Department filed the 17-page lawsuit against the state, the attorney general and Governor Kathy Hochul in June 2025.
"Governor Hochul has been clear: You don't make New York State safer by targeting families, children and hardworking individuals,” a spokesperson for the governor told the Eagle in a statement. “The court made the right decision in upholding New York’s sovereignty, and the state will continue to work with federal and local law enforcement in cracking down on violent offenders while keeping our communities safe and enforcing our laws."
Legal advocates and immigration attorneys have said ICE arrests during immigration hearings have had a chilling effect on immigrants seeking to obtain citizenship through the proper channels. Preventing federal agents from making arrests in state and local courthouses, advocates argue, will likewise prevent that same chilling effect for local criminal and civil cases.
“As public defenders, we are bolstered by the Court’s dismissal of the federal government’s lawsuit challenging New York’s Protect Our Courts Act,” Lucas Marquez, director of Civil Rights and Law Reform at Brooklyn Defender Services, said in a statement. “POCA ensures that New Yorkers who attend court to address critical issues in their lives can do so safely without interference from federal immigration agents, and codifies the long-standing privilege against civil arrests in courthouses.”
The Office of Court Administration did not respond to the Eagle’s request for a comment.
