Position Statement – 2020
A.2176A / S.425
(Protect Our Courts)
Support
The Women’s Bar Association of the State of New York (WBASNY) supports and strongly encourages the passage of the Protect Our Courts Act (the “Act”).
Since the year 2017, there has been a drastic uptick in immigration detention of undocumented immigrants outside of our State courthouses. The non-profit organization “Immigrant Defense Project” estimates that New York courts have seen a 1200% increase in courthouse arrests from 2016 to 2017 and a 1700% increase from January 2017 through December 2018.
This practice not only discourages parties in criminal and vehicle and traffic proceedings from defending themselves, but it also discourages victims and witnesses of domestic violence from coming forward to testify to crimes or to seek orders of protection, prevents parents from attending custody proceedings or availing themselves of the family court process to obtain child support, and hinders tenants from vindicating their rights in landlord/tenant court, just to name a few of the practice’s consequences.
WBASNY supports bills A 2176A/S425 as a mechanism to not only prevent the consequences previously mentioned but also to curtail the public’s eroding faith in our courts and justice system, and as a way to protect the safety of all members of our State, both documented and undocumented.
The Act requires any Immigration and Customs Enforcement (“ICE”) agents seeking to detain an immigrant while he/she is going to, remaining at, or returning from court, to identify him or herself to uniformed court personnel and state his or her specific law enforcement purpose and to show a valid judicial warrant or court order authorizing the civil arrest to court staff before effectuating the detention. Violators can be held in contempt of court and the New York State Attorney General may pursue legal action against violators of the Act, including recovery of costs and attorneys’ fees.
WBASNY consists of over 4,200 members from twenty (20) chapters across New York State dedicated not only to promoting the advancement of the status of women in society and of women in the legal profession, but to the fair and equal administration of justice. Our members include individuals from all levels of state and federal benches, as well as prominent attorneys practicing in all areas of the law, educators and government leaders.