Cuomo's Jab At ICE Doesn't Protect Immigrants In NYC Courthouses

NEW YORK, NY — Gov. Andrew Cuomo drew praise from immigrant-rights advocates last week when he moved to block some Immigration and Customs Enforcement arrests in state buildings. But his order didn't extend to state-run courthouses, which have become hotbeds for such arrests under President Donald Trump.

Cuomo's order, issued Wednesday, bars ICE from arresting people in buildings owned or leased by state agencies and departments, public authorities and other entities over which the governor has control without a warrant or order issued by a judge. It makes an exception for arrests related to proceedings inside those buildings.

The order stops ICE from arresting immigrants on state property under its own administrative warrants, which do not require a judge's approval.

But Cuomo doesn't have authority over the courts. They're overseen by Janet DiFiore, the chief judge of the state Court of Appeals and the executive order therefore doesn't apply, said Lucian Chalfen, a spokesman for the Office of Court Administration.

"Our concern is of the safe and secure operations of the courts," Chalfen said in an email. "As long as outside law enforcement checks in and has the appropriate paperwork, we maintain that they have the legal authority to observe or make an arrest."

The OCA counts administrative warrants as appropriate paperwork, Chalfen said.

The stance concerns immigration advocates, who have reported a more than 1,200-percent spike in ICE arrests at courthouses. Activists and attorneys argue the arrests violate immigrants' constitutional rights and make them afraid to seek justice in court, whether they're facing charges or appearing for other reasons.

Advocates argue that DiFiore — a Cuomo appointee — should bar ICE from making "warrantless" arrests in courts.

"We commend the Governor for standing up against the Trump deportation machine to protect immigrant New Yorkers at state facilities, but we need to stop ICE where they frequently use their dragnet, thus chilling public safety for all," Steven Choi, the executive director of the New York Immigration Coalition, said in a statement.

Choi was among more than a dozen leaders from advocacy and public defenders groups who issued statements Thursday to draw attention to the hole in Cuomo's order.

The surprise arrests of immigrants at court appearances has promted public defenders to walk out of court on several occasions, reportedly leading the Office of Court Administration to reassign some of their cases to other lawyers.

ICE says courthouse arrests are safer for its agents and immigrants alike because everyone goes through security screenings before entering the buildings.

The agency in January issued a formal policy saying it won't pick up immigrants who come to court as witnesses to crimes or to accompany family members or friends who are targeted for arrest. The policy also directs agents to stay away from "non-criminal" courts, such as family courts, except in special circumstances.

The OCA has said it cannot legally bar law enforcement officers from entering public court buildings. Court officials had conversations with ICE that led to its new policy, Chalfen has said, and have asked that the agency treat courthouses as sensitive locations, like schools and churches, where its agents generally do not go.

Cuomo sent a sternly worded letter on Wednesday to ICE Deputy Director Thomas Homan threatening legal action if the agency doesn't "cease and desist" immigration enforcement tactics that the governor called "irresponsible, and in many cases, illegal."

The letter cited reports of an aggressive arrest at a dairy farm in upstate Rome and "collateral sweeps" on Staten Island, but did not mention the courthouse arrests that have alarmed advocates for months.

Asked for comment on Cuomo's executive order and its implications for courthouse arrests, ICE spokeswoman Rachael Yong Yow pointed to Homan's response to Cuomo's letter. He called the governor's statements "an insult to ICE's sworn law enforcement officers."

Homan did not discuss courthouse arrests, but said "sanctuary" policies limiting New York authorities' cooperation with immigration agents has forced ICE to make more arrests in communities rather than "the secure confines of a jail."

"ICE cannot and will not cease and desist from fulfilling our agency’s congressionally mandated mission of enforcing federal law," Homan said.

(Lead image: Gov. Andrew Cuomo announces his executive order barring ICE agents from state facilities and "cease and desist" letter to the agency on April 25, 2018. Photo by Kevin P. Coughlin/Office of Governor Andrew M. Cuomo)