ICE won’t be able to arrest undocumented New Yorkers facing criminal cases in state courthouses without a warrant, local court officials said Friday.
In response to a Daily News inquiry concerning the New York court system’s response to the Trump administration’s crackdown on illegal immigration, Office of Court Administration spokesman Al Baker said it would continue to follow regular procedure. New York law prohibits U.S. Immigrations and Customs Enforcement (ICE) and other agencies from making civil arrests in or around state courthouses without a warrant signed by a judge.
“The same law prohibits law enforcement agencies from making a civil arrest while a person is going to, remaining at, or returning from court unless they have a warrant signed by a judge,” Baker said.
Following Trump’s inauguration, the Department of Homeland Security said it would rescind guidelines followed under the Biden administration that thwart immigration enforcement in “sensitive areas” like “America’s schools and churches.” A bill passed by the House and Senate this week would give immigration officials the power to deport undocumented people accused of crimes before their case has played out.
And Trump’s acting deputy attorney general Emil Bove — one of the lawyers who represented him in the hush money case that ended in his conviction — in a memo to all Department of Justice employees Tuesday, said any state or federal authorities who refuse to comply with the enforcement of Trump’s immigration policies could face potential prosecution.
“Federal law prohibits state and local actors from resisting, obstructing, and otherwise failing to comply with lawful immigration-related commands and requests,” the memo reviewed by The News read. “The U.S. Attorney’s Offices and litigating components of the Department of Justice shall investigate incidents involving any such misconduct for potential prosecution.”
The Manhattan Criminal Court building at 100 Centre St. in Manhattan, New York. (Susan Watts/New York Daily News)
Bove said the DOJ’s newly-established Sanctuary Cities Enforcement Working Group would work with the department’s civil division to identify “state and local laws, policies, and activities” inconsistent with Trump’s immigration policy visions and take action to challenge them in court.
In a post on X late Thursday, ICE said it had already made 538 arrests and detained 373 undocumented immigrants.
Reacting to Bove’s memo, New York Attorney General Letitia James and 10 other state attorneys general issued a statement Thursday saying the Constitution barred the federal government from forcing states to enforce federal laws.
“Despite what he may say to the contrary, the President cannot unilaterally re-write the Constitution,” the statement read, calling Trump’s threats to weaponize the DOJ “troubling.”
“Right now, these vague threats are just that: empty words on paper. But rest assured, our states will not hesitate to respond if these words become illegal actions.”