Chicago and New York Restrict ICE Courthouse Arrests, DOJ Challenges
Federal-local tensions rise over immigration enforcement jurisdiction
Chicago's Cook County and New York State have implemented measures restricting Immigration and Customs Enforcement (ICE) from making arrests in courthouses, creating tension with federal immigration enforcement policies. Cook County recently issued an order citing the need for courts to remain accessible without fear of civil arrest, while New York has enacted the Protect Our Courts Act with similar provisions. These local restrictions follow the Trump administration's reversal of Biden-era policies that had limited courthouse immigration arrests.
The Department of Homeland Security has defended courthouse arrests as efficient and safer for officers and the public, noting that individuals entering courthouses are screened for weapons. A DHS spokesperson stated that ICE operations target individuals with criminal records and emphasized that no legal sanctuaries should exist where immigration laws cannot be enforced. The administration maintains that these enforcement actions are consistent with federal immigration authority.
KEY POINTS
- •Local orders block ICE courthouse arrests
- •DOJ sues NY over immigration enforcement
- •Constitutional authority dispute emerges
The Department of Justice has filed a lawsuit challenging New York's courthouse restrictions, arguing they violate the Constitution's Supremacy Clause by obstructing federal law enforcement. The lawsuit contends that New York's law impedes federal immigration officials from fulfilling their statutory mandate to detain and remove individuals in the country illegally. This legal challenge represents a significant test of federal versus state authority in immigration enforcement.
New York officials have responded by filing a motion to dismiss the DOJ lawsuit, arguing that federal immigration laws do not explicitly override the state's authority to protect its judicial system from disruption. Their legal position relies on the 10th Amendment and the common law privilege against civil courthouse arrests, which they maintain applies to immigration enforcement. While the Trump administration has not yet taken legal action against Cook County's similar order, the New York case could establish precedent for future federal-local conflicts over immigration enforcement jurisdiction.