ICE Out of Courts Campaign Toolkit
IDP’s campaign work responding to ICE courthouse raids and arrests has focused on a statewide campaign in New York, and on working with partners in other states as part of what has become a national movement. This toolkit presents materials generated by IDP, the ICE Out of Courts Coalition (#ICEOutofCourts), and national partners in waging our campaigns against ICE courthouse raids. It includes legal theories, legislation, judicial rules, and campaign materials as examples on how to build meaningful policy interventions at the state and local level. We also include statements and policies by ICE, state and federal officials, and the New York Office of Court Administration (OCA) developed in response to advocacy on this issue. We hope this information can be a useful guide to campaigns blossoming across the country to end ICE courthouse arrests.
Click here to download the full toolkit, or see the Table of Contents below to download by section:
- Section 1: Documenting the Problem and Building a Case
- Section 2: Researching Local and State Legal Solutions
- Section 3: Building a Statewide Campaign
- Section 4: Statements from Chief Judges, Governors, Prosecutors, Attorneys General, and Bar Associations
- Section 5: ICE Policies and Public Statements
- Section 6: Statements and Policies by the New York Office of Court Administration (OCA) in Response to Advocacy Efforts
- Section 7: Legal Resources
- Section 8: Trainings & Practice Advisories for Those Working with Immigrants in the Courts
- Section 9: Media
Respondents can move to terminate proceedings on various grounds, including if ICE has engaged in conduct that is conscience-shocking or violates fundamental rights. ICE’s widespread practice of courthouse arrests meets this standard. IDP encourages noncitizens arrested by ICE in or around a courthouse to move to terminate their removal proceedings on this basis. In collaboration with NYU School of Law Immigrant Rights Clinic students Sarah Taitz and Jane Wang-Williams and Professor Nancy Morawetz, we have prepared and filed an amicus brief in multiple cases before the immigration courts in New York, arguing for the appropriate remedy of termination of removal proceedings in courthouse arrest cases. The brief can serve various functions: it can serve as a model for an individual noncitizen’s motion to terminate, can be attached as an exhibit in support of a motion to terminate, and in certain cases IDP is available to formally file the brief in support of an individual litigant.
The brief argues that courthouse arrests:
- Violate the centuries-old common law tradition which rejects civil arrests in courthouses so as to protect the effective administration of justice in the courts.
- Violate the constitutional right to access the courts.
- Violate the Tenth Amendment because ICE is a federal agency interfering with the functioning of state courts and taking advantage of state resources.
Please contact IDP for additional information about our amicus brief.
On January 10, 2018, ICE issued Directive 11072.1, its first formal, publicly available policy memo on immigration enforcement actions inside courthouses, and subsequently updated its FAQ on Sensitive Locations and Courthouse Arrests. IDP and the NYU School of Law Immigrant Rights Clinic have published an annotated version of this document to provide legal and factual context.
IDP Resource: The New York Protect Our Courts Act: Model Legislation to Regulate ICE Arrests at State Courts
In early June 2018, the New York State legislature introduced the Protect Our Courts Act (A.11013/S.08925), drawing from IDP’s legal research and analysis, developing one of the most protective pieces of state or local legislation in the country to respond to and impose legal restrictions on federal civil immigration arrests of individuals who are attending court. We have developed The New York Protect Our Courts Act: Model Legislation to Regulate ICE at State Courts to encourage legislators and advocates in other jurisdictions to take similar action, using New York’s bill for guidance.
National Media Coverage:
- When a Day in Court is a Trap for Immigrants (The New Yorker, 11/9/2017)
- Fearing deportation, many domestic violence victims are steering clear of police and courts (Los Angeles Times, 10/9/2017)
- ICE Told Oregon Supreme Court It Would Continue Operations at State Courthouses (Oregon Public Broadcasting, 9/29/2017)
- ICE Courthouse Busts Ten Times Higher Than City Knew (Westword, 9/19/17)
- Attorney: ICE Arrests Asylum Seeker in Maine Courthouse (NECN, 4/6/17)
- ICE Agents Arrest Dairy Worker En Route to Burlington Courthouse (VPR, 3/16/17)
- Undocumented transgender woman filing domestic violence claim arrested at El Paso courthouse by ICE, official says (CBS, 2/16/17)
- ICE agents make arrests at courthouses, sparking backlash from attorneys and state supreme court (LA Times, 3/17/17)
- Legal Residents Fear Getting Arrested in Court by ICE (The Daily Beast, 3/30/17)
- Father arrested by immigration agents at Oakland County custody hearing (Michigan Radio, 3/30/17)
- Woman Arrested by ICE at Courthouse Speaks Out (The New Yorker, 2/23/17)