The Legal Aid Society has filed two amicus briefs in coalition with legal service providers and member-based community organizations, 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 New York State 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. The first brief was filed in the U.S. District Court for the Northern District of New York on August 11, 2025, and the second brief was filed on appeal in the U.S. Court of Appeals for the Second Circuit on June 18, 2026.

Four and a half million immigrants live in New York, making up an important part of New York’s social fabric. Our briefs 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 briefs, we argue that the challenged State laws and policies fall squarely within New York’s authority to govern its own institutions, to promote public health and safety, and to ensure access to justice for all residents.

In November 2025, a federal district judge dismissed the DOJ’s lawsuit and held POCA and the two executive orders constitutional. However, the DOJ filed a Notice to Appeal in January 2026, and the case remains ongoing.