Three Democrat governors testify in the House of Representatives over immigration
New York Governor Kathy Hokul, Minnesota Governor Tim Waltz and Illinois Governor JB Pretzker testify about Capitol Hill over immigration policy.
NEW YORK – The Trump administration on June 12 sued New York state over a law restricting federal immigration enforcement within state courts.
The lawsuit challenges New York state law that prevents immigration officials from arresting people in or near New York courts. The complaint filed in federal court in Albany, New York, alleges the law irritates federal immigration enforcement at venues where authorities can safely arrest them.
U.S. Department of Justice attorneys said New York laws and policies restricting cooperation with federal immigration officials violate the supreme provisions of the constitution, and federal law takes precedence over state law.
The lawsuit filed in federal court in Albany comes after the administration has increased immigration enforcement in the workshop and people appear at immigration court hearings. People are protesting federal action in cities across the country.
Attorney General Pam Bondy has condemned the so-called “sanctuary urban policy” of violence seen in California. Sanctuary policies generally refer to those that restrict local law enforcement agencies from cooperating with federal immigration enforcement. The Department of Justice also sued four New Jersey cities by law.
New York state had similar policies that prevented agents from arresting immigrants, Bondy said in a statement.
“This latest lawsuit in a series of sanctuary city litigations underscores the Department of Justice’s commitment to keeping Americans safe and enforcing the law actively,” she said.
Justice Department lawyers challenged a 2020 state law preventing federal officials from arresting civil immigration violations in state courts without a judicial warrant.
According to state Sen. Brad Hoyleman Cigal, author of the law, and a Manhattan Democrat, “bassed and frivolous,” the 2020 law in New York does not apply to federal or immigration courts.
The Justice Department said in a news release that enforcement in courts reduces the risk to people from escape or dangerous situations, particularly as reviews are being strengthened within court buildings.
“Continuous assault” regarding New York’s rule of law, state officials say
State officials have said that federal agents entering local courts are not safe by preventing people from accessing the judicial system.
The law ensures that New Yorkers can pursue justice without fear, Jeff Burgan, a spokesman for state Attorney General Letitia James, said in a statement.
“The due process means nothing if people can’t come to court,” he said. James continues to defend the rights and dignity of everyone who calls New York home, and “advocates all of the laws of New York,” Burgan said.
Law author Hoyleman Cigal said the lawsuit was part of the administration’s “continued attack on New York’s rule of law.”
To avoid federal law or conflict with federal immigration authorities, the law does not apply to federal or immigration courts, he said in a statement. Meanwhile, it allows us to arrest people in local courts when immigration and customs enforcement agencies have “actually valid judicial warrants.”
“When masked ice officials roam the state and lawlessly restrain New Yorkers without legitimate procedures, the law preserves access and participation in justice in the judicial process,” he said.
“Sensitive” areas are targets for immigration enforcement
The controversial issue is federal agents targeting people in the “sensitive” field. Previous Homeland Security guidelines banned enforcement in areas such as schools, places of worship and hospitals. When President Donald Trump took office in January, DHS overturned long-standing policies to give agents discretion on such actions. The administration has enacted another policy that allows enforcement in or near courts.
Justice Department lawyers also challenged two New York executive orders restricting civil immigrant arrests at state facilities and another policy that prevents state employees from sharing information with federal officers related to enforcement of civil immigrants.
“Through these enactments, New York will obstruct federal law enforcement and encourage dangerous offenders to avoid federal law.
On the same day as the lawsuit, Gov. Kathy Hochul was one of three Democratic governors testifying in Congress about “sanctuary” policies and immigration enforcement.
Hochul said her condition has cooperated with Ice since she took office.
“But we have to draw a line somewhere,” Hochur said. “New York cannot represent state officers to enforce citizen immigration violations, such as overstaying visas.”
Donna Liberman, executive director of the New York Civil Liberman, said the administration’s attack on the 2020 law would be a “trap.” Plus, the immigrant community is pushed into the shadows.
The first meeting date of the lawsuit was scheduled for September 10, court records showed.
Contributed by: Bad Janssen, USA Today
Eduardo Quebus is based in New York City. Contact him by email at emcuevas1@usatoday.com or by signalling emcuevas.01.
