DOJ Files Lawsuit Against New York, Gov. Hochul, and Letitia James to Stop “Protect Our Courts Act” From Shielding Illegal Immigrants from ICE at Courthouses

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Constitutional Stakes: Who Holds the Power?

The complaint summarizes the gravity of the federal position:

“The activities of the Federal Government are free from regulation by any state.”
—Mayo v. United States, 319 U.S. 441, 445 (1943),

The DOJ is seeking a declaratory judgment that POCA and New York’s executive orders are invalid under the Supremacy Clause and a permanent injunction blocking enforcement (Complaint, p. 16, Prayer for Relief).

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New York’s Defense: Protecting Immigrants and Justice Access

State lawmakers and supporters of POCA argue the law is designed to “protect immigrants from warrantless ICE arrests” and ensure access to the judicial system. In 2020, a key sponsor stated:

“This new law is a powerful rebuke to the outgoing Trump administration and their immigration policies that have undermined our judicial system.”
(Complaint, p. 8, footnote 2)

Supporters argue that courthouse arrests deter immigrants from participating in the legal process, ultimately making communities less safe.