177 Livingston Street 7th Floor Brooklyn, NY 11201 (718) 254-0700 info@bds.org

News

ELECTED OFFICIALS, ADVOCATES, AND PUBLIC DEFENDERS GATHER TO INTRODUCE GROUNDBREAKING NEW BILL TO PROTECT IMMIGRANTS FROM UNLAWFUL ICE ARRESTS AT COURTHOUSES

BDS Staff Attorney Catherine Gonzalez shares a client story at the June 5, 2018 rally.

The Protect Our Courts Act would prohibit federal immigration agents from making arrests without a judicial warrant and is the first-of-its-kind nationally

NEW YORK – June 5, 2018 – New York Assemblymembers Michaelle Solages, Carmen De La Rosa, Inez Dickens, Councilmember Carlos Menchaca, advocates, and public defenders convened today in NYC and Albany to support the introduction of the Protect Our Courts Act (A11013). The groundbreaking new bill would prohibit Immigration & Customs Enforcement (ICE) agents from making civil arrests at New York State courthouses without a judicial warrant or court order. The protection extends beyond courthouse walls, and applies to arrests of individuals going to or leaving a court as well. To date, the bill offers the most comprehensive regulations on ICE courthouses arrests in the U.S.




“ICE’s increasing arrests and intimidation of our immigrant clients in and around our courthouses has compromised the administration of justice,” said Lisa Schreibersdorf, Executive Director of Brooklyn Defender Services. “If the people we represent, as well as witnesses and victims of crimes, cannot safely appear in court to participate in the legal process then the integrity of the whole system is undermined. We strongly support the Protect Our Courts Act to end ICE arrests without judicial warrants in our courts.”

Sponsored by Assemblymember Michaelle Solages, the Protect Our Courts Act upholds a pillar of our democracy – equal access to our judicial system, regardless of immigration status – and will protect any party in a court proceeding in New York State, including victims, witnesses, and defendants attending a variety of courts, such as family and housing court.

Since the beginning of 2017, there has been an unprecedented 1200% increase in ICE courthouse arrests across New York State, effectively disrupting court functions, sowing fear in immigrant communities seeking justice, and undermining public safety. In fact, a statewide survey conducted by the Immigrant Defense Project found that more than two-thirds of advocates working with survivors of violence said they have clients who have decided not to seek help from the courts due to fear of ICE. Another report from the ACLU found that courthouse arrests were deterring immigrants from reporting crimes.

New York is leading the way in providing meaningful protection to its immigrant communities. In April, Governor Andrew Cuomo signed an Executive Order banning ICE arrests in state-run buildings without a judicial order. The Protect Our Courts Act follows suit by helping ensure access to courts for all New Yorkers.

For an FAQ on the bill and stories of people impacted by ICE courthouse arrests, visit https://www.immigrantdefenseproject.org/ice-courts-nys/.