The U.S. Immigration and Customs Enforcement (ICE) agency today denied local lawmakers recent request to rescind their new policy that allows for the agency to detain any undocumented immigrant inside of state courthouses.
This new policy, which was implemented on February 1, gives ICE the authority to detain anyone present in court including victims, witnesses, or even family members. Last week, Public Advocate Letitia James along with City Council Member Carlos Menchaca (D-Sunset Park, Red Hook) and Brooklyn District Attorney Eric Gonzalez and immigrants activists issued the request to rescind the policy.
That request was followed with James, Menchaca, Brooklyn Borough President Eric Adasm, Queens Borough President Melinda Katz and City Council Speaker Corey Johnson issuing a letter calling on the state’s Chief Judge Janet DiFiore to ban ICE agents from New York State courts.
“The increased presence of ICE agents in our courts is a threat to our immigrants and our justice system,” said James. “Immigrants are being unfairly detained and key witnesses and victims are too fearful to come forward, creating a dangerous cycle of distrust. I urge our courts to take serious action to limit ICE’s presence and ensure that our justice system is not compromised.”
According to the local electeds and immigrant rights activists, the new policy is targeting documented immigrants and leaving vulnerable groups like those with mental health issues or domestic abuse histories at the mercy of ICE agents. According to the group, New York courthouses have seen a 900% increase in reports of ICE arrests or attempted arrests, some of which are for individuals with no prior criminal history.
Ice Spokesperson Matthew Bourke refuted this claim on who has been arrested in courthouses, but could not provide data on courthouse detainment because ICE arrests at courthouses are not considered a “formal reporting statistic.”
Bourke said the agency will continue to stand by its policy that will continue to conduct arrests at courthouses in accordance the President Donald Trump January 2017 directive that makes courthouses the jurisdiction of ICE agents.
According to the directive, “Aliens encountered during a civil immigration enforcement action inside a courthouse, such as family members or friends accompanying the target alien to court appearances or serving as a witness in a preceding, will not be subject to civil immigration enforcement action, absent special circumstances, such as where the individual poses a threat to public safety or interferes with ICE’s enforcement actions.”
Bourke said that the detainment of undocumented immigrants is focused on undocumented immigrants with a criminal history including gang members, fugitives, national security and public safety threats.
“ICE officers exercise sound judgment when enforcing federal law and make substantial efforts to avoid unnecessarily alarming the public. Consistent with officer and public safety, ICE officers also make every effort to limit the time spent at the planned place of arrest,” said Bourke.
But the local lawmakers are vowing to keep the pressure on to ban ICE agents from going into state court proceedings.
“Our justice system should not be compromised by xenophobic policies coming from the White House. For this reason, I ask Chief Judge DiFiore to keep ICE agents out of our courts. Their presence at courthouses intimidates immigrants who might be witnesses in a case, or victims of a crime. They have the right to due process,” said Menchaca.
“I stand shoulder to shoulder with my colleagues across the five boroughs in urging Chief Judge DiFiore to exercise her authority in protecting everyone who enters our court system. ICE’s presence in our courts is counterproductive to public safety in our city and state,” said Adams.
