NYS Protect Our Courts Act (2019)

The protect Our Courts Act ensures that every immigrant New Yorker can access the courts without fear of being arrested by ICE.

1.      Makes it unlawful for ICE to make a civil arrest while a person is going to, attending or leaving court unless the officer presents a valid judicial warrant or court order. Most ICE arrests are for civil violations of federal immigration law and are most often pursuant to a “warrant” signed by an immigration officer and not a judicial warrant signed by a judge.

2.      Protects a person from civil arrest not only inside of a courthouse, but while they are going to the courthouse or leaving it. This is an essential protection since ICE arrests have historically been executed right outside the courthouse doors.

3.      Extends protection to any person who is a party or potential witness in a civil or criminal court proceeding, including family and household members.

4.      Empowers the New York Attorney General to pursue legal action on behalf of individuals arrested in violation of this law.

5.      Recognizes individuals have a right to pursue civil legal claims when they are arrested.