ICE in the Courts Update

Since the City Bar published its recommendations in July 2018 concerning arrests by Immigration and Customs Enforcement (ICE) agents in and around courthouses, there have been a number of important developments: the comprehensive “Safeguarding the Integrity of Our Courts” report was released by the ICE Out of Courts Coalition; the Office of Court Administration issued a directive requiring, among other things, judicial warrants for ICE arrests in courthouses; and the New York State Attorney General, the Brooklyn District Attorney and the Legal Aid Society recently filed two lawsuits claiming that, among other things, ICE arrests in and around courthouses violate the Tenth Amendment, the First Amendment, and the common law privilege against civil arrests. Our report’s Appendix has been updated accordingly.