U.S. files suit against New York State over courthouse arrest law
June 13 (UPI) -- The federal government has filed a suit against the state of New York over a law that has kept ICE enforcement out of its state courthouses.
The Department of Justice has named New York Gov. Kathleen Hochul and Attorney General Letitia James as the defendants in the lawsuit filed Thursday with the U.S. District Court in the Northern District of New York that seeks to have New York's "Protect Our Courts Act" ruled unlawful.
The act, signed into law in December of 2020, provides a "privilege against civil arrest" for anyone traveling to or from, or involved in court proceedings, whether that be for themselves or in support for family or household members when they need to appear in court.
The law further states that only judicially signed orders or warrants can be executed in court buildings, and such warrants must also be reviewed by the court, which then determines where and when a warrant can be executed, and how it may be implemented.
U.S. Attorney General Pam Bondi said in a press release Thursday that New York is "employing sanctuary city policies to prevent illegal aliens from apprehension."
She added that the suit "underscores the Department of Justice's commitment to keeping Americans safe and aggressively enforcing the law."
Chair of the New York State Senate Judiciary Committee Sen. Brad Hoylman-Sigal responded to the legal action with astatement Thursday in which he called the lawsuit "baseless and frivolous, and "part and parcel of the Trump administration's ongoing assault on the rule of law in New York."
Hoylman-Sigal also insisted that the Protect our Courts Act is "well within the established purview of state law," and doesn't apply to federal or immigration courts, and permits Immigration and Customs Enforcement to make arrests with 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," Hoylman-Sigal said.
Hel was one of two New York legislators who wrote a letter to state Attorney General James in March when someone was allegedly detained by federal law enforcement while inside a state courthouse.
Assistant Attorney General Brett Shumate also said in the Justice Department press release that the act allows New York to obstruct "federal law enforcement and facilitates the evasion of federal law by dangerous criminals, notwithstanding federal agents' statutory mandate to detain and remove illegal aliens."
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