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Federal Judge Upholds New York's Courthouse Arrest Limits, Tosses DOJ Challenge

The court said New York may decline to assist civil immigration enforcement under the Tenth Amendment.

Overview

  • U.S. District Judge Mae D’Agostino dismissed the Justice Department’s lawsuit targeting New York’s 2020 Protect Our Courts Act in a 41-page ruling.
  • The decision rejects the DOJ’s Supremacy Clause claim and finds the state may define permissible activities in its courthouses under intergovernmental immunity.
  • POCA bars civil immigration arrests of people traveling to, attending, or leaving state court proceedings unless agents have a judge-signed warrant.
  • The ruling leaves New York’s restrictions in force, and reporting indicates the DOJ is preparing an appeal to the Second Circuit.
  • New York Attorney General Letitia James praised the outcome as safeguarding access to state courts, as ICE has recently intensified courthouse operations.