The Legal Aid Society filed this amicus brief in coalition with legal service providers and member-based community organizations in the U.S. District Court for the Northern District of New York urging dismissal of the Trump Administration’s lawsuit challenging New York’s Protect Our Courts Act (POCA), which codified New York’s longstanding privilege against civil arrest for individuals attending or traveling to or from court, and Executive Orders 170 and 170.1, which restrict warrantless civil arrests in New York State buildings and limit state employee cooperation with federal immigration enforcement.

Four and a half million immigrants live in New York, making up an important part of New York’s social fabric. Our brief drew on the experiences of our immigrant clients and members to underline the importance of POCA and the Executive Orders, which support the proper functioning of New York’s justice system, protect the constitutional rights of people using the courts, and make New Yorkers safer and healthier. New York enacted POCA to address an intolerable situation: federal immigration agents’ disruption of court business and intimidation of people using the courts in a range of civil and criminal proceedings. In the brief, we argue that the challenged state laws and policies fall squarely within New York’s authority to govern its own institutions, promote public health and safety, and ensure access to justice for all residents.