Judge Dismisses DOJ Challenge to New York’s 'Protect Our Courts' Law, Shielding State Courthouses from Immigration Arrests

Federal judge upholds New York law that limits immigration arrests at state courthouses

A federal judge on Monday dismissed a Justice Department lawsuit seeking to overturn New York policies that bar federal immigration agents from making arrests at state courthouses or during state court proceedings unless they have a judge-signed warrant. U.S. District Judge Mae D'Agostino granted New York's motion to dismiss, finding the federal government cannot compel states to assist civil immigration enforcement.

The challenge targeted the 2020 'Protect Our Courts Act,' enacted after immigration enforcement actions occurred at New York courthouses during President Donald Trump's first term. The law prevents federal immigration officers from arresting people who are arriving at, leaving, or attending proceedings in New York state courts without a judicial warrant; it does not apply to federal immigration courts.

In its filing, the Department of Justice argued that the state statute and two related executive orders unconstitutionally interfered with federal immigration enforcement. Judge D'Agostino rejected that claim, concluding that New York's refusal to participate in civil immigration enforcement is protected by the Tenth Amendment, which limits the federal government's ability to commandeer state and local officials and resources.

'Fundamentally, the United States fails to identify any federal law mandating that state and local officials generally assist or cooperate with federal immigration enforcement efforts. Nor could it. No such federal laws exist because the Tenth Amendment prohibits Congress from conscripting state and local officials and resources to assist with federal regulatory schemes, like immigration enforcement.' — Judge Mae D'Agostino

The Justice Department did not immediately respond to a request for comment and has not said whether it intends to appeal. New York Attorney General Letitia James, whose office successfully defended the state, said the decision protects 'the dignity and rights of immigrant communities' and ensures that 'everyone deserves to seek justice without fear.' She added that the ruling helps ensure people can use New York's state courts without fear of being targeted by federal authorities.

The ruling is part of a broader set of legal disputes between the federal government and states over the scope of immigration enforcement and whether the federal government can require state and local cooperation.