On June 12, 2025, the Department of Justice filed suit against the State of New York challenging New York’s Protect Our Courts Act. The Act bans civil immigration arrests while an individual is attending or traveling to or from New York court proceedings. The suit also targets two executive orders signed by former New York Governor Andrew Cuomo that bar ICE agents from making civil immigration arrests of anyone within a state facility and prohibit state employees from sharing information for civil immigration enforcement purposes with federal immigration authorities. The Trump administration claims the Act shields dangerous individuals from detainment and that the law and accompanying policies violate the Supremacy Clause of the U.S. Constitution because they obstruct the execution of federal immigration laws.  

New York asserts that the Protect Our Courts Act was enacted in response to harms caused by federal immigration authorities’ targeted use of state courthouses for civil immigration arrests including decreased reporting and prosecuting of crime due to witnesses’ and victims’ reluctance to access the justice system, as well as a drain on scarce judicial resources caused by civil immigration arrests that disrupted proceedings and impaired court functions. New York argues that the Act and executive orders do not conflict with federal law and the state’s policies are protected by the Tenth Amendment. Numerous jurisdictions choose not to use local resources to assist in carrying out federal immigration operations for a host of reasons, including local public safety concerns. 

The Protect Our Courts Act ensures every New Yorker can access our courts and pursue justice without fear, because due process means nothing if people are too afraid to appear in court. Attorney General James will proudly defend this law and all of New York’s laws, just as she will continue to defend the rights and dignity of all who call New York home. Spokesperson for Attorney General Letitia James