DOJ sues New York for sanctuary policy ‘undermining immigration enforcement'
The Protect Our Courts Act, passed by New York's legislature in 2020 during the first Trump administration, bars ICE agents from carrying out civil arrests in and around state courts.
In its suit, which U.S. Attorney General Pam Bondi announced on Thursday, the DOJ said the Protect Our Courts Act also prohibits ICE agents from carrying out civil arrests of any illegal alien who is going to or returning from a courthouse.
The suit also targets two executive orders signed by former New York Gov. Andrew Cuomo that bars ICE agents from making civil immigration arrests of anyone within a state facility and prohibits state employees from sharing information for civil immigration enforcement purposes with federal immigration authorities.
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The DOJ said "these laws pose intolerable obstacles to federal immigration enforcement and directly regulate and discriminate against the Federal Government, in contravention of the Supremacy Clause of the United States Constitution."
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"Through these enactments," the DOJ argued, "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 agency said these policies regulate federal officials by necessitating them to obtain criminal arrest warrants for illegal aliens, "even though Congress has authorized federal officials to effect such custody by civil arrest warrants."
The DOJ filed its suit in the federal district court for the Northern District of New York, Albany Division, on Thursday. The agency is asking the court to declare the New York policies invalid and unenforceable under the Supremacy Clause.
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In a DOJ statement published on Thursday, the DOJ said the Protect Our Courts Act "purposefully shields dangerous aliens from being lawfully detained at or on their way to or from a courthouse and imposes criminal liability for violations of the shield."
The agency said its suit aligns with President Donald Trump's executive order titled Declaring a National Emergency at the Southern Border, which directed the Department of Homeland Security to issue guidelines for safe enforcement of immigration laws, specifically at or near courthouses.
Writing on X, Bondi accused the State of New York of "undermining immigration enforcement" through these laws, writing that "lawless sanctuary policies are driving the chaos we're seeing in California right now. We refuse to accept such blatant disregard for law and order anywhere in America.
"Lawless sanctuary city policies are the root cause of the violence that Americans have seen in California, and New York State is similarly employing sanctuary city policies to prevent illegal aliens from apprehension," Bondi said in the DOJ 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."
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In response, Jess D'Amelia, a spokesperson for Democrat New York Gov. Kathy Hochul, told Fox News Digital that "New York state cooperates with federal officials in removing convicted criminals from our State."
While she said that "there is no sanctuary in New York for people who commit crimes," she also noted that "it's important that witnesses, victims and ordinary people can make use of our court system and feel safe in our courthouses and other state facilities."
"We are reviewing this litigation that the Trump administration just filed, but it appears to be a waste of federal resources," said D'Amelia.
Meanwhile, a spokesperson for Democrat New York Attorney General Letitia James responded to the suit by telling Fox News Digital that the Protect Our Courts Act "ensures every New Yorker can access our courts and pursue justice without fear, because due process means nothing if people are too afraid to appear in court."
"Immigrants make New York great," said the spokesperson. "Attorney General James will proudly defend this 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."Original article source: DOJ sues New York for sanctuary policy 'undermining immigration enforcement'
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