Judge greenlights suit challenging ICE arrests at NY courts
By Larry Neumeister
NEW YORK (AP) — A New
York judge denied the U.S. government’s
request Thursday to
toss out a lawsuit challenging
the constitutionality of Immigration
and Customs Enforcement
arrests in New York courthouses.
U.S. District Judge, Jed Rakoff
said he was rejecting the government’s
arguments that suggested
the arrests were “none of this
Court’s business and second, that
even if it is, the common law privilege
against courthouse arrests
doesn’t apply to ICE.”
The lawsuit contended that
ICE arrests in courthouses have
skyrocketed since President Donald
Trump took office.
A Justice Department spokesman
declined comment.
The judge, who heard oral
arguments in the case last
month, noted that lawyers for
New York state said civil arrests in
or around New York state courthouse
had risen “by a remarkable
1,700 percent or more.”
“Court cannot be expected to
function properly if third parties
(not least the executive branch of
the government) feel free to disrupt
the proceedings and intimidate
the parties and witnesses by
staging arrests for unrelated civil
violations in the courthouse, on
court properly, or while the witnesses
Caribbean L 6 ife, January 3, 2020
or parties are in transit to
or from their court proceedings,”
Rakoff wrote.
The judge said over 500 years
ago, the English courts developed
a common law privilege against
civil arrests on courthouse
premises.
“This ancient privilege, incorporated
into American law in the
early years of our republic by virtually
all state and federal courts,
has remained largely intact over
the centuries,” Rakoff said.
Last month, the judge said he
found the federal government’s
assertions that its policies regarding
courthouse arrests can’t be
reviewed by a federal judge to be
“unusual and extraordinary.”
New York’s attorney general,
the Brooklyn district attorney
and several immigrant advocates’
groups had sued ICE over its policy
changes.
They praised the ruling.
“Our state courts cannot function
with ICE attempting to arrest
parties, witnesses, and victims
who rely on our courts for relief,”
New York Attorney General Letitia
James said in a statement.
“Today’s ruling ensures we will
get our day in court to make the
case that ICE’s policies are nothing
more than illegal maneuvers
that harm our state’s ability to
provide justice through the court
system.”
Brooklyn District Attorney
Eric Gonzalez said the arrests
jeopardize public safety because
they have a “chilling effect in
immigrant communities and discourages
cooperation with law
enforcement.”
Brooklyn District Attorney, Eric Gonzalez, right, is joined by New York State Attorney General,
Letitia James as he speaks during a news conference, Wednesday, Sept. 25, 2019,
in New York. New York’s attorney general has joined the Brooklyn district attorney and
several advocates’ groups in fi ling two lawsuits challenging immigration arrests in state
courthouses. Associated Press / Mary Altaff er
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