The U.S. Department of Justice today filed a lawsuit against the State of New York challenging the state’s Protect Our Court Act, which prohibits immigration officials from making arrests near state courthouses.
The complaint asserts that New York’s law shields “dangerous aliens” from detention while traveling to and from courthouses, imposing criminal penalties on federal officers who violate the statute. According to the Department of Justice, this law violates the Supremacy Clause of the U.S. Constitution by obstructing federal immigration enforcement.
“Lawless sanctuary city policies have fueled violence in other states, and New York is employing similar tactics to prevent the apprehension of illegal aliens,” said Attorney General Pamela Bondi. “This lawsuit underscores the Department of Justice’s unwavering commitment to protecting Americans and enforcing federal law.”
The Protect Our Court Act was enacted following Executive Order 10866, which declared a national emergency at the southern border and directed the Department of Homeland Security to issue guidelines for immigration enforcement near courthouses. Arrests near courthouses reduce the risk of flight and enhance safety for the public, law enforcement officers, and those arrested, thanks to established security measures.
The complaint states, “New York obstructs federal law enforcement and facilitates evasion of federal immigration laws by dangerous criminals, despite federal agents’ statutory mandates.”
New York Attorney General Letitia James, responding to the lawsuit, emphasized the importance of the law in protecting immigrant access to justice. “The Protect Our Courts Act ensures every New Yorker can access our courts and pursue justice without fear. Attorney General James will vigorously defend this law and the rights of all New Yorkers,” her spokesperson said.
The lawsuit has drawn criticism from legal advocacy groups such as the Legal Aid Society, which praised the law for restoring immigrant access to the judicial system. The organization warns the lawsuit threatens these protections and could force immigrants to choose between risking legal jeopardy or abandoning their day in court.
Murad Awawdeh, president and CEO of the New York Immigration Coalition, called the lawsuit “frivolous” and an example of political misuse of federal resources, urging for its dismissal.
This case is the latest in the Justice Department’s efforts to challenge sanctuary policies across the country. In May, similar lawsuits were filed against several New Jersey municipalities.
Representing the federal government are attorneys from the DOJ Civil Division: Brett A. Shumate, Yaakov M. Roth, Eric J. Hamilton, John A. Sarcone III, Alexander K. Haas, Jacqueline Coleman Snead, Cristen C. Handley, and Elisabeth J. Neylan.
The lawsuit, U.S. v. State of New York et al., case number 1:25-cv-00744, is pending in the U.S. District Court for the Northern District of New York.
