NEW YORK – In a letter to Justice Janet Di Fiore, the Chief Judge of the State of New York and head of the Office of Court Administration (OCA), New York State Assemblymember Aravella Simotas strongly urged Di Fiore to implement a policy to limit the presence of Federal Immigration and Customs Enforcement (ICE) officers in courthouses in order to maintain access to justice for all people.
“Without adequate protections, the courts become a perfect trap where immigrants can easily be hunted and captured by ICE, rather than being a place where justice is served,” Simotas said in her letter.
The letter pointed out that allowing ICE officers to track and detain immigrants within the courts makes crime victims and witnesses less likely to come forward which means criminals go free. According to Simotas, allowing ICE officers in the courts discourages immigrants from seeking and receiving justice in many different situations. For example – in cases of domestic violence and sexual assault, in getting orders of protection, attending custody hearings, contesting evictions or suing for unpaid wages, immigrants’ fears of arrest and deportation means they are unlikely to step forward.
“Doing nothing, or waiting and monitoring the situation, has the very real potential to turn immigrants into a subclass of people to whom justice is denied,” said Assemblymember Simotas.
Simotas noted that OCA has no way to know the true extent of the problem since ICE officers often wear plainclothes with no badges or identification. In her letter, Simotas said that since the president has said anyone in the country illegally is deportable, “any undocumented immigrant who shows up in our courts is at risk of being taken into custody.” She discounted ICE claims that courts are used as a last resort when they are pursuing an immigrant.
The full text of the letter follows:
Dear Judge Di Fiore:
I write to express my concern over recent reports of Immigrations and Customs Enforcement (ICE) agents making arrests in New York’s courthouses and to strongly urge OCA to create and implement a policy to limit the presence of ICE agents in courthouses and maintain access to our justice system for all people.
The use of our courts for federal immigration enforcement clearly undermines our legal system and endangers public safety. Allowing ICE officers to track and detain immigrants within our courts makes crime victims and witnesses less likely to come forward and allows dangerous criminals to go free. There have been reports of victims of domestic violence and sexual assault who dropped their cases or refused to press charges out of fear of detention and deportation. The intimidation caused by the presence of ICE in the courts discourages immigrants from seeking and receiving justice in myriad other ways, such as getting orders of protection, attending custody hearings, contesting evictions, or suing for unpaid wages. Undocumented immigrants who receive summonses for violations may also be deterred from appearing and thereby expose themselves to more serious law enforcement action on bench warrants. The fear of ICE action also deters immigrants who are U.S. citizens and permanent residents from utilizing our justice system and exercising their legal rights.
Although New York has laws preventing immigration enforcement actions in certain locations, including schools and jails, ICE agents are currently allowed unrestricted access to our court facilities. The Supreme Court Officers Association recently issued a memo prohibiting any interference with immigration enforcement and ordering all court officers to fully cooperate with ICE. ICE does not consider courthouses to be “sensitive locations” that require special approval before an agent can enter. The agency claims that courts are used as a last resort when they are pursuing an immigrant with no viable address or place of employment. If this is in fact their practice, it effectively makes impoverished immigrants the most vulnerable to being targeted.
The presence of ICE agents in our courthouses obstructs justice and poses a serious threat to the safety and well-being of our communities. While the Office of Court Administration has reported five verified appearances of ICE agents in New York City courts since mid-February, we cannot know the true extent of the problem because ICE agents often appear in plainclothes with no badges or identification. Additionally, immigrants have been detained in public areas outside of the courtroom itself, such as lobbies, hallways and front steps. Given the president’s executive order which defines anyone in the country “illegally” as “deportable,” any undocumented immigrant who shows up in our courts is at risk of being taken into custody. Without adequate protections the courts become the perfect trap where immigrants can be easily hunted and captured by ICE, rather than being a place where justice is served.
All New Yorkers deserve access to justice, regardless of immigration status. It is critical that our legal system remains open and accessible. We must not allow our inaction to turn immigrants into a subclass of people to whom justice is denied. I encourage the Office of Court Administration to find a way to protect undocumented New Yorkers who utilize the court system.
Thank you for your consideration. I look forward to working with you on this important and urgent issue.
Sincerely,
Aravella Simotas
New York State Assemblymember
36th District – Queens
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