Joint Statement on Courthouse Protections for Litigants, Witnesses, And Their Families Regardless of Immigration Status

The undersigned organizations, united in our view of the importance of access to the courts and in our desire to foster the administration of justice, wish provide the public with vital information regarding the protections that New York law affords to all individuals – regardless of immigration status – when they come to our State’s courthouses. 

Under New York law, it is illegal for an Immigration and Customs Enforcement (“ICE”) officer to make a civil arrest in any state, city, or municipal courthouse without a warrant or order that has been signed by a judge.  An administrative warrant – that is, one that has been signed by an ICE official – does not suffice: without a judicial warrant or order, ICE cannot make a civil arrest in any state, city, or municipal courthouse.  See New York Judiciary Law § 212(2)(aa)(i)(E).

Furthermore, any party, witness, or potential witness in a court proceeding – and any family member of a party, witness, or potential witness – may not be subject to civil arrest while coming to or going from the courthouse unless the arrest is authorized by a judicial warrant or order.  See New York Civil Rights Law § 28(1).  Any violation of this provision will subject the violator to penalties for contempt of court, as well as to civil liability.  Id. § 28(2-4).  

Anyone who enters a New York State courthouse with the intent to observe or arrest any person must identify himself or herself to uniformed court personnel, state his or her specific law enforcement purpose and the actions he or she will take, and present for inspection any warrant – which shall “promptly” be reviewed by a judge or court attorney.  Information about any proposed enforcement action will be given to appropriate court personnel, including the judge presiding over any proceeding involving the intended target of the enforcement action (who will then have complete discretion to decide whether to notify the parties of the presence and/or the intentions of outside law enforcement).  Absent “extraordinary circumstances,” no arrest may be made in a courtroom without leave of the court.  See New York Judiciary Law § 212(2)(aa)(i)(A-D). 

Our court system cannot function if those it serves are afraid to participate.  Accordingly, New York passed the strong protections outlined above in 2020 to assure that litigants, witnesses and their families are safe when they enter the courthouse.  The substantial uptick in ICE enforcement efforts makes these laws even more relevant now than when they were first enacted.   We stand by these laws and agree that the courthouses of New York State should remain safe places for all litigants, witnesses, and their families without regard to immigration status.    

Asian American Bar Association of New York

American Immigration Lawyers Association, New York Chapter

Black Alliance for Just Immigration

Haitian American Lawyers Association of New York

Hudson Valley Hispanic Bar Association

LGBT Bar Association of Greater New York

Metropolitan Black Bar Association

Mobilization for Justice

Nassau County Criminal Courts Bar Association

New York County Lawyers Association

Women’s Bar Association of the State of New York

About the New York County Lawyers Association
The New York County Lawyers Association (nycla.org) was founded in 1908 as one of the first major bar associations in the country that admitted members without regard to race, ethnicity, religion or gender, and has a long history of supporting the rights of LGBTQ+ people. Since its inception, NYCLA has pioneered some of the most far-reaching and tangible reforms in American jurisprudence. For more information on NYCLA please visit nycla.org.

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