US DOJ sues New York to stop obstruction of immigration enforcement News
Harrison Keely, CC BY 4.0, via Wikimedia Commons
US DOJ sues New York to stop obstruction of immigration enforcement

The US Department of Justice (DOJ) on Thursday filed a complaint against the state of New York, specifically challenging policies the state has in place that prevent federal immigration officers from making arrests in certain areas of the state.

The DOJ is specifically challenging New York’s “Protect Our Courts Act,” which makes it unlawful for US Immigration and Customs Enforcement (ICE) to make a civil arrest while a person is going to, attending, or leaving court unless the officer presents a valid judicial warrant or court order. Courthouses have become a popular place for ICE officials to apprehend undocumented immigrants because of the inherent safety features in and surrounding courthouses.

The Department noted that, through a separate executive order, New York has also prohibited its employees from sharing information critical for civil immigration enforcement purposes with federal officers. The DOJ stated in its complaint: “These laws pose intolerable obstacles to federal immigration enforcement and directly regulate and discriminate against the Federal Government, in contravention of the Supremacy Clause of the United States Constitution.”

In the DOJ press release announcing the issuance of the complaint, US Attorney General Pamela Bondi stated: “Lawless sanctuary city policies are the root cause of the violence that Americans have seen in California, and New York State is similarly employing sanctuary city policies to prevent illegal aliens from apprehension.” California was one of the first states to receive DOJ pushback on sanctuary city policies back in 2018. The “California Values Act” primarily restricts local law enforcement from using their resources for federal immigration enforcement. The law came under pressure during President Donald Trump’s first term, when the DOJ unsuccessfully challenged the lawfulness of the act.

Thursday’s complaint against New York falls in line with Trump’s executive order, “Declaring a National Emergency at the Southern Border of the United States.” The order directs the Department of Homeland Security (DHS) to issue immigration enforcement guidelines around the country, specifically at or near courthouses. 

 

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