'Afraid' for court: Trump DOJ sues NY over immigration enforcement in state courthouses
'Afraid' for court: Trump DOJ sues NY over immigration enforcement in state courthouses
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Three Democratic governors testify in House hearing over immigration
New York Governor Kathy Hochul, Minnesota Governor Tim Walz, and Illinois Governor JB Pritzker, testify on Capitol Hill over immigration policies.
NEW YORK − The Trump administration on June 12 sued New York state for its law restricting federal immigration enforcement inside state courthouses.
The lawsuit challenges a New York state law that blocks immigration officials from arresting people at or near New York courthouses. The complaint, filed in federal court in Albany, New York, alleges the law frustrates federal immigration enforcement at a venue - state courthouses - where authorities can safely make arrests.
U.S. Justice Department lawyers said New York's law and policies restricting cooperation with federal immigration officers violated the Constitution's Supremacy Clause, which gives federal law precedence over state law.
The lawsuit filed in federal court in Albany comes after the administration has increased immigration enforcement at workplaces and while people appeared for immigration court hearings. People have protested against the federal actions in cities across the country.
Attorney General Pam Bondi blamed so-called 'sanctuary city policies' for violence seen in California. Sanctuary policies generally refers to those limiting local law enforcement from cooperating with federal immigration enforcement. The Justice Department has also sued four New Jersey cities for their laws.
New York state had similar policies preventing agents from apprehending migrants, Bondi said in a statement.
'This latest lawsuit in a series of sanctuary city litigation underscores the Department of Justice's commitment to keeping Americans safe and aggressively enforcing the law,' she said.
Justice Department lawyers challenged the 2020 state law preventing federal officials from arresting people for civil immigration violations at state courthouses without a signed judicial warrant.
New York's 2020 law doesn't apply to federal courthouses or immigration court, according to the legislation's author, state Sen. Brad Hoylman-Sigal, a Manhattan Democrat who called the lawsuit 'baseless and frivolous."
The Justice Department said in a news release that enforcement at courthouses reduces risk of people fleeing or dangerous situations, especially since there is enhanced screening inside court buildings.
'Ongoing assault' on rule of law in NY, state officials say
State officials said federal agents entering local courthouses make communities unsafe by preventing people from accessing the judicial system.
The law ensures New Yorkers can pursue justice without fear, Geoff Burgan, a spokesperson for state Attorney General Letitia James, said in a statement.
'Due process means nothing if people are too afraid to appear in court,' he said. James would defend the law and 'all of New York's laws, just as she will continue to defend the rights and dignity of all who call New York home,' Burgan said.
Hoylman-Sigal, who authored the law, said the lawsuit was part of the administration's 'ongoing assault on the rule of law in New York.'
To avoid conflicting with federal law or federal immigration authority, the law doesn't apply to federal courts or immigration courts, he said in a statement. Meanwhile, it allows U.S. Immigration and Customs Enforcement to arrest people in local courthouses when they have 'actual, valid judicial warrants.'
'At a time when masked ICE officials are roaming the state and lawlessly detaining New Yorkers without any due process, the law preserves access to justice and participation in the judicial process,' he said.
'Sensitive' areas targets of immigration enforcement
A contentious issue has been federal agents targeting people in 'sensitive" areas. Prior Department of Homeland Security guidelines banned enforcement in areas such as schools, places of worship and hospitals. When President Donald Trump took office in January, DHS overturned the longstanding policy to give agents discretion on such actions. The administration enacted another policy permitting enforcement at or near courthouses.
Justice Department lawyers also challenged two New York executive orders restricting civil immigration arrests at state facilities, and a separate policy preventing state employees from sharing information to federal officers related to civil immigration enforcement.
'Through these enactments, New York obstructs federal law enforcement and facilitates the evasion of federal law by dangerous criminals, notwithstanding federal agents' statutory mandate to detain and remove illegal aliens,' the complaint said.
The same day as the lawsuit, Gov. Kathy Hochul was one of three Democratic governors testifying before Congress about "sanctuary" policies and immigration enforcement.
Hochul said her state has cooperated with ICE since she's taken office.
"But we have to draw a line somewhere,' Hochul said. 'New York cannot deputize our state officers to enforce civil immigration violations, such as overstaying a visa.'
The administration's attack on the 2020 law would turn courthouses 'into traps,' Donna Liberman, executive director of the New York Civil Liberties Union, said in a statement. It would further force immigrant communities into the shadows.
An initial conference date for the lawsuit was scheduled for Sept. 10, court records showed.
Contributing: Bart Jansen, USA TODAY
Eduardo Cuevas is based in New York City. Reach him by email at emcuevas1@usatoday.com or on Signal at emcuevas.01.
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