DOJ sues state over Protect Our Courts law while Hochul testifies in D.C
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The Department of Justice sued New York State on Thursday over a law that prevents civil immigration arrests in state court houses. AP file photo/Yuki Iwamura
By Ryan Schwach
President Donald Trump’s Department of Justice is suing New York State over a law that protects migrants from being arrested when they go to routine proceedings in state courthouses. The move was made at the same time Governor Kathy Hochul was testifying before congress on the issue of immigration.
The DOJ filed the 17-page lawsuit on Thursday morning seeking to throw out the “Protect Our Courts Act” which allows migrants to use the state's court systems without fear of immigration-related arrests.
The lawsuit alleges that the law creates “intolerable obstacles,” to Trump’s heavy-handed federal immigration enforcement which has recently targeted migrants attending mandatory and routine court hearings for arrest, including in New York.
“Through these enactments, New York obstructs federal law enforcement and
facilitates the evasion of federal law by dangerous criminals, notwithstanding federal agents’
statutory mandate to detain and remove illegal aliens,” the lawsuit reads.
The suit also challenges two Governor Andrew Cuomo-era executive orders which further prevent civil immigration arrests at other state facilities and deter government employees from sharing information with the federal government.
At the exact same time the lawsuit was filed, Hochul was addressing the House Oversight Committee in Washington D.C alongside two other Democratic governors, where she defended New York’s protection of migrant communities and criticized the administration’s actions in Los Angeles.
“An American city has been militarized over the objections of their governor,” Hochul said. “This is a flagrant abuse of power and nothing short of an assault on our American values.”
Unlike the city, New York State does not have a specific "sanctuary” law, but does have laws that limit cooperation with federal immigration officials.
Governor Kathy Hochul appeared before the congressional committee on Thursday to discuss immigration as the federal government sued the state over a law protecting migrants in state courthouses. Darren McGee/Office of Governor Kathy Hochul
“Our state laws dictate that we cooperate with ICE in criminal cases, and our values dictate that we treat all law-abiding people with dignity and respect,” said Hochul.
A spokesperson for the governor said that the office is reviewing the federal litigation, but called it a “waste of federal resources.”
"It’s important that witnesses, victims, and ordinary people can make use of our court system and feel safe in our courthouses and other state facilities,” the spokesperson said. “There is no sanctuary in New York for people who commit crimes. New York State cooperates with federal officials in removing convicted criminals from our State.”
The Protect Our Courts Act was signed into law by Cuomo in December 2020, and was broadly intended to protect parties from civil arrest while going to, attending and coming from court proceedings without a warrant, with a specific intent towards migrants.
The law does not pertain to federal courts or immigration courts.
The bill’s main sponsor, Manhattan State Senator Brad Hoylman-Sigal, said at the time that the legislation was a “powerful rebuke to the outgoing Trump administration and their immigration policies that have undermined our judicial system,” a quote cited in the government’s court filings.
On Thursday, Hoylman-Sigal condemned the suit.
“This lawsuit is baseless and frivolous, and is part and parcel of the Trump administration's ongoing assault on the rule of law in New York,” he said in a statement. “To avoid any conflict with federal law or the federal government's immigration authority, the law does not apply to federal courts or immigration courts, and allows for arrests when ICE has actual, valid judicial warrants. At a time when masked ICE officials are roaming the state and lawlessly detaining New Yorkers without any due process, the law preserves access to justice and participation in the judicial process.”
“I am confident that this lawsuit will be summarily dismissed but I continue to be appalled at the Trump administration's increasingly-brazen attempts to undermine the protections of the rule of law in New York,” he added.
The federal lawsuit was also criticized by several legal and civil rights groups, including the Legal Aid Society, the New York Immigrant Coalition and the New York Civil Liberties Union.
“The Trump administration’s attack on the Protect Our Courts Act is a blatant assault on justice that would turn New York’s courthouses into traps,” said NYCLU Executive Director Donna Lieberman. “This latest attempt by the Trump administration to meddle in our laws would push immigrant communities further into the shadows, throw due process out the window, and weaken trust in our justice system — making everyone less safe. It sends a dangerous message: that ICE can and should operate wherever it wants, regardless of the human cost.”
The Office of Court Administration declined to comment on the litigation.
