Attorney General James Files Brief Opposing ICE Courthouse Arrests

NEW YORK – New York Attorney General Letitia James today took action to stop U.S. Immigration and Customs Enforcement’s (ICE) alarming practice of making arrests in federal immigration courthouses. In an amicus brief filed in African Communities Together v. Lyons, Attorney General James urged the U.S. District Court for the Southern District of New York to block new federal policies that authorize widespread arrests in immigration courthouses and allow the federal government to abruptly dismiss immigrants’ cases. Attorney General James argues these policies unlawfully endanger families, undermine public safety for all New Yorkers, and threaten the integrity of the justice system.

“Courthouses are dedicated to the pursuit of justice, not targeted harassment and arrests,” said Attorney General James. “With these cruel and unlawful courthouse arrests, the federal government is weaponizing fear to push immigrants into the shadows, drive families apart, and risk everyone’s safety. I will not stand by while New Yorkers are stripped of their rights and our courts are used for intimidation.”

Attorney General James argues that arresting individuals as they appear for immigration hearings chills participation not only in immigration court, but across the entire justice system. As a result of this unlawful policy, immigrant New Yorkers are more likely to be afraid to testify in state and local courts, pursue orders of protection against their abusers, or generally participate in critical court hearings. This chilling effect makes it harder for prosecutors to hold criminals accountable and denies victims their day in court, undermining public safety for all New Yorkers.

Attorney General James explains that because these policies prevent immigrants from pursuing their immigration cases without risking arrest and deportation, they drive people into the shadows, where fear prevents families from reporting crimes, seeking health care, or accessing other vital services. This erosion of trust leaves entire communities more vulnerable to violence, exploitation, and public health risks. When parents are too afraid to bring their children to the doctor, communicable diseases spread more easily; when families avoid schools or places of worship, children’s education and community ties suffer. Attorney General James underscores the dire consequences of these fears, pointing to a tragic case in which a child died after his parents delayed seeking medical care because they feared hospital officials would report them to immigration authorities.

The brief also highlights the devastating toll these policies take on families and communities. Attorney General James argues that millions of immigrants, including 640,000 undocumented New Yorkers, are essential to the state’s workforce, tax base, and civic life. These courthouse arrests and detentions – which are occurring before the immigrants have a chance to prove their legal right to remain in the United States – rip parents from their children, destabilize households, and impose deep and lasting trauma. Arbitrary courthouse arrests and case dismissals are especially harmful to children who are left to cope with financial instability, food and housing insecurity, and the loss of a primary caregiver. Research shows that these children face extreme psychological distress, including anxiety, depression, and PTSD, effects that often persist well into adulthood. As a result, states are forced to shoulder the burden, providing costly social services and support to families left in crisis.

Attorney General James emphasizes that New York has already fought and won against unlawful courthouse arrests. In 2020, Attorney General James secured a landmark ruling preventing the first Trump administration from making civil immigration arrests in and around state courthouses, and that same year, New York codified that protection through the Protect Our Courts Act. Attorney General James argues that the federal government’s new policies, however, revive many of the same harms New York’s laws were designed to end, now targeting immigrants in federal immigration courthouses. 

Attorney General James is urging the court to stay enforcement of these dangerous and unlawful policies while litigation continues, to protect immigrant rights and safeguard the integrity of courts in New York and across the country.