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Court Rules Lawsuit Against ICE Courthouse Arrests Will Proceed

On Monday, Judge Alison J. Nathan of the U.S. District Court for the Southern District of New York ruled that a lawsuit by The Legal Aid Society and Cleary Gottlieb Steen & Hamilton LLP could move forward against U.S. Immigration and Customs Enforcement (ICE), as reported by Law 360.

The lawsuit, John Doe v. ICE, seeks to stop ICE from making civil immigration arrests without a judicial warrant or court order in and around New York State courthouses. In the 32-page opinion and order, Judge Nathan denied the Government’s motion to dismiss with respect to all but Plaintiffs’ Sixth Amendment claim. The Administrative Procedure Act claim, the common law claim of immunity from civil arrest while going to, attending or leaving court proceedings, and the First and Fifth Amendment constitutional claims will continue to be litigated.

“We are thrilled that Judge Nathan ruled that our lawsuit can continue, and we look forward to continuing our fight on behalf of New Yorkers seeking justice in our courts,” said Lilia Tobson with The Legal Aid Society’s Civil Law Reform Unit.