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Judge Rakoff: ICE Policy of Making Immigration Arrests at Courthouses is Illegal

By Jason Meade & Charles Michael on June 11, 2020
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On Wednesday, Judge Rakoff granted summary judgment in favor of New York State and the Kings County District Attorney in their challenge to a decision by the Immigration and Customs Enforcement Agency (“ICE”) to greatly increase civil immigration arrests in and around courthouses. Plaintiffs had alleged that the directive exceeded ICE’s statutory authority and had been adopted in an arbitrary and capricious manner. See our previous coverage here.

Judge Rakoff agreed, finding that the Immigration and Nationality Act incorporated the “centuries-old common law privilege against courthouse civil arrest.”  He also found that ICE had “offered no rationale other than its misguided reliance” on an Executive Order, which had directed the Department of Homeland Security to prioritize immigration enforcement against broader categories of aliens but was not addressed to courthouse arrests. Judge Rakoff’s ruling also emphasized the that ICE’s policy was compounding the challenges already presented by COVID-19:

Recent events confirm the need for freely and fully functioning state courts, not least in the State of New York. But it is one thing for the state courts to try to deal with the impediments brought on by a pandemic, and quite another for them to have to grapple with disruptions and intimidations artificially imposed by an agency of the federal government in violation of long-standing privileges and fundamental principles of federalism and of separation of powers.

Photo of Charles Michael Charles Michael

Charles Michael is an accomplished commercial litigator who resolutely defends clients in high stakes disputes and arbitrations. He is also experienced in regulatory and criminal investigations, and represents clients under investigation by the Securities and Exchange Commission (SEC), the Financial Industry Regulatory Authority…

Charles Michael is an accomplished commercial litigator who resolutely defends clients in high stakes disputes and arbitrations. He is also experienced in regulatory and criminal investigations, and represents clients under investigation by the Securities and Exchange Commission (SEC), the Financial Industry Regulatory Authority (FINRA), the Commodity Futures Trading Commission (CFTC), and the Department of Justice (DOJ).

Read more about Charles MichaelEmail
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  • Posted in:
    Immigration
  • Blog:
    SDNY Blog
  • Organization:
    Steptoe LLP
  • Article: View Original Source

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