Wednesday, July 11, 2018
Thirteen committees of the New York City Bar Association have released a report entitled, "Recommendations Regarding Federal Immigration Enforcement in New York State Courthouses." The 24-page document documents the rise of immigration enforcement arrests at courthouses in New York and across the country, and articulates a range of concerns related to the practice. The report makes the following five recommendations:
"1. require judicial, not administrative, warrants for civil arrests, including civil immigration arrests, conducted in New York State courthouses;
2. require the presiding judicial officer to notify the targets of civil immigration enforcement actions of the presence of ICE agents who intend to detain them (which would give the individual an opportunity to consult with counsel in the sanctity of the courtroom);
3. limit the cooperation and assistance of court personnel in civil immigration enforcement actions to those actions required by law and provide training to court personnel as to how ICE arrests differ from criminal arrests (and why that matters) and, second, what court personnel can and cannot do vis-à-vis ICE encounters;
4. reduce the frequency with which parties need to appear in court;and
5. make available for public review the information obtained and recorded by court personnel, pursuant to the April 2017 Protocol and the May 2018 Instructions, with respect to ICE enforcement activities in courthouses."