Federal judge upholds NYC ban on courthouse arrests

(The Center Square) — A federal judge has upheld a New York state law that restricts immigration arrests at state and local courthouses, dismissing a legal challenge by the Trump administration.

The ruling by U.S. District Court Judge Mae D-Agostino, an Obama appointee, rejected the administration’s claims that New York’s Protect our Courts Act in 2020 create unconstitutional barriers to immigration enforcement and are preempted by federal law. D’Agostino said overturning the city’s law would violate the 10th Amendment by allowing the White House to “commandeer New York’s resources to aid in federal immigration efforts.”

“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,” she wrote into the 41-page ruling.

The lawsuit, filed by the U.S. Department of Justice in June, claimed the New York law, which took effect in 2020 during President Donald Trump’s first term, violates a constitutional provision called the “supremacy clause” that makes federal law supersede conflicting state laws.

“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,” DOJ lawyers wrote in the 17-page complaint.

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The federal agency said arrests in courthouses reduce “flight and safety risks to the public, law enforcement officers, and targets themselves” because individuals are “usually screened for weapons or other contraband before entering a courthouses.”

Immigration enforcement actions in courthouses have been a flashpoint in pushback to Trump’s administration enforcing the law. To enter America from another country, if not a U.S. citizen, a visa or some other travel authorization is required to be presented at a port of entry.

Advocates, court officials and even some judges have been accused of resisting attempts by ICE to apprehend suspects who show up for court hearings.

The Justice Department filed a federal lawsuit against New York City over its “sanctuary” policies that restrict cooperation with federal immigration crackdowns, accusing the city of shielding wanted criminals from deportation. The case remains pending.

New York City has been a flashpoint in the national immigration debate with more than 230,000 migrants arriving in the city between 2021 and 2022 after a surge of immigration on the U.S.-Mexico border. The city has spent about $8 billion on housing, food and other costs for migrants, according to the Adams administration. ICE operations in the city have arrested nearly 29,000 undocumented immigrants, according to the agency’s website.

Trump’s border czar Tom Homan has pledged to deploy National Guard troops to New York City to help enforce immigration crackdowns.

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