Brooklyn Boro

Court officials point out it is illegal to ban ICE from public buildings

February 21, 2018 By Rob Abruzzese, Legal Editor Brooklyn Daily Eagle
Local politicians penned a letter to Chief Judge Janet DiFiore this week asking her to ban ICE agents from New York’s courts (like the Brooklyn Criminal Court, pictured here), however, a statement from the Office of Court Administration points out that they can’t legally bad people from public buildings. Eagle file photo by Rob Abruzzese
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A group of Brooklyn lawmakers penned a letter this week to Chief Judge Janet DiFiore, the state’s top judge, asking for a ban on all U.S. Immigration and Customs Enforcement (ICE) agents within New York City courts.

However, a statement released by the Office of Court Administration points out that it would be illegal to bar federal agents from a public building.

“What the signatories of this letter are asking us to do, which they are fully aware is illegal, is to shut down a public building to law enforcement,” the statement read. “We cannot do that and we will not do that. There is not one state court system in the country that bars law enforcement from their courthouses.

“ICE has recently issued a formalized policy regarding potential arrest situations in courthouses,” the statement continued. “Their new policy, particularly with regard to non-criminal courthouses and court proceedings, is a direct result of our communications with ICE officials on the national and regional levels.

“We will continue to request that they treat all courthouses as sensitive locations, and will continue to raise these issues with ICE officials as we continue to ensure that any activity by outside law enforcement agencies does not cause disruption or compromise court operations.”

The letter, which was written by local politicians including Brooklyn Borough President Eric Adams and Council Speaker Corey Johnson, Public Advocate Letitia James and Comptroller Scott Stringer, cited a 900 percent increase in reports of ICE agents arresting or trying to arrest immigrants in 2017.

That letter echoed previous and repeated requests by District Attorney Eric Gonzalez, who has made the claim that ICE agents presence decreases public safety and hinders due process because immigrants, even legal ones, are afraid to come to courts to testify.

Since the court cannot legally bar ICE agents from a public building, it has issued guidelines for court staff and judges to follow.

Protocol, as explained by OCA, which is expected to be followed by both ICE agents and court employees, says that ICE officials must identify themselves to court employees upon arriving and state their specific purpose. The court’s supervisor is to inform the judge involved of the ICE agent’s intent and that no law enforcement action is to take place inside courtrooms, only in the halls of the court.

Court employees are also expected to file reports of all law enforcement actions that take place within the court and are responsible for maintaining public safety at all times.

One court official pointed out to the Brooklyn Eagle that, except in rare cases, ICE agents have voluntarily limited their activity to the criminal courts and have avoided family and housing courts in an unofficial compromise.

 

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