New York, N.Y. — In response to heightened federal deportation activities, a consortium of about a dozen legal associations, led by the New York County Lawyers’ Association, has reiterated the protections afforded under state law to those attending court proceedings. Since the onset of 2023, New York’s Unified Court System has witnessed two detentions by Immigration and Customs Enforcement (ICE) on its premises.
The collective, which includes prominent groups such as the Asian American Bar Association of New York and the American Immigration Lawyers Association’s New York chapter, issued a joint declaration on Friday. They clarified that under New York law, ICE agents are prohibited from performing civil arrests inside state, city, or municipal courthouses without a judge-signed warrant or order.
Their statement highlighted the specific, stringent requirements that an administrative warrant from ICE does not meet the criteria for a valid arrest warrant within New York’s courthouses. It must instead be signed by a judge to hold any legal weight.
The legal protections cover a wide range of courthouse attendees including defendants, witnesses, potential witnesses, and their family members, whether approaching or leaving the courthouse. Furthermore, according to state judiciary law, no arrests can occur within courtroom settings without court approval, barring exceptional circumstances.
The urgency of these reinforced legal protections has surged, with the collective emphasizing, “Our court system cannot function if those it serves are afraid to participate.” They noted the 2020 enactment of these protections was timely, and the recent increase in ICE’s enforcement efforts has only elevated their relevance.
Additionally, the collective’s statement included procedural stipulations for ICE activities in courthouses, dictating that federal officials must identify themselves to uniformed court personnel, explain their law enforcement purpose, detail their planned actions, and present any warrants for prompt judicial or legal review.
Chief Administrative Judge Joseph Zayas had previously articulated these protections to lawmakers in Albany this past February. These outlined measures ensure forewarning and legitimate process in the event of any ICE-related activities within court premises.
Other groups endorsing the statement comprise the Black Alliance for Just Immigration, Haitian American Lawyers Association of New York, Hudson Valley Hispanic Bar Association, LGBT Bar Association of Greater New York, Metropolitan Black Bar Association, Mobilization for Justice, Nassau County Criminal Courts Bar Association, and the Women’s Bar Association of the State of New York.
This collective stand against unwarranted courthouse arrests underscores a broader commitment to legal integrity and procedural justice, particularly in the face of intensified immigration enforcement tactics on a federal level.
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