U.S. Immigration and Customs Enforcement building in Washington, D.C. Photo: Diego M. Radzinschi/ALM

Responding to mounting criticism by legal assistance and advocacy groups about courthouse arrests by U.S. Immigration and Customs Enforcement agents, a spokeswoman for ICE said Friday that the federal agents pursue arrests of undocumented immigrants in courthouses because the facilities provide a “far safer” environment.

“Because sanctuary cities like New York City do not honor ICE detainers, aliens, who often have significant criminal histories, are released onto the street, presenting a potential public safety threat. Courthouse visitors are typically screened upon entry, making arrests inside such facilities far safer for everyone involved,” ICE spokeswoman Rachael Yong Yow said in an email to the New York Law Journal.

A coalition of legal groups has asked that the state Office of Court Administration and Chief Judge Janet DiFiore issue rules to curb ICE arrests at courthouses.

Expanded immigration enforcement actions under the Trump administration have resulted in more arrests at courts nationally since the beginning of 2017, according to a report by the Fund for Modern Courts. So far this year, ICE agents have arrested 52 people while they were in court in New York state, the majority in New York City, a spokesman for the OCA told the New York Law Journal earlier this week. Since this is the first year OCA has tracked ICE activities and arrests in courts, it's difficult to compare this year's arrests to previous years.

The ICE spokeswoman said that the agency has “always conducted courthouses arrests on an as-needed basis.” Data on how many ICE arrests in courts have occurred over the last several years was not immediately available.

The Legal Aid Society, New York County Defender Services, Brooklyn Defender Services, The Bronx Defenders and Neighborhood Defender Service of Harlem held a rally in Brooklyn on Thursday arguing that immigration enforcement at courthouses “deters those seeking redress from the courts.”

Undocumented individuals who are victims of a crime or witnesses are not a “target” for ICE agents, Yong Yow said. While ICE does arrest undocumented individuals at the courts, it's only after investigative officers have exhausted other options, the federal agency under the jurisdiction of the Department of Homeland Security said.

In response to ICE's remarks to the New York Law Journal, The Legal Aid Society contends that courthouse arrests discourage witnesses.

“Let's be clear: ICE's continued presence at courthouses jeopardizes everyone's safety and security, discourages clients and witnesses from appearing in court, and that undermines public safety and the reliability of the court system,” said Legal Aid spokesman Redmond Haskins. “These arrests discredit the integrity of our entire judicial system and erode basic tenets of due process and fair proceedings. Despite the tone-deaf response from ICE, this is the daunting reality that's currently playing out across New York state and the rest of the country.”

Earlier this week, the Fund for Modern Courts issued a report suggesting that the state's courts should limit their cooperation and assistance with immigration enforcement officers in state court buildings. The report by the justice system reform group asked that OCA reduce the frequency in which undocumented individuals need to appear in court, instead having them call in or video conference.

The OCA, which has had a “continuing dialogue” with federal and local officials regarding ICE agents making arrests in courthouses, has requested that that immigration enforcement officials treat courthouses as “sensitive locations,” which include schools, hospitals and places of worship where ICE enforcement actions are not to occur unless “exigent circumstances exists.”

Yong Yow said ICE does not consider courthouses to be sensitive locations.

“The agency complies fully with all prevailing jurisdictional court policies and makes efforts to exhaust all other avenues before effecting a courthouse arrest,” she said in an email.

U.S. Immigration and Customs Enforcement building in Washington, D.C. Photo: Diego M. Radzinschi/ALM

Responding to mounting criticism by legal assistance and advocacy groups about courthouse arrests by U.S. Immigration and Customs Enforcement agents, a spokeswoman for ICE said Friday that the federal agents pursue arrests of undocumented immigrants in courthouses because the facilities provide a “far safer” environment.

“Because sanctuary cities like New York City do not honor ICE detainers, aliens, who often have significant criminal histories, are released onto the street, presenting a potential public safety threat. Courthouse visitors are typically screened upon entry, making arrests inside such facilities far safer for everyone involved,” ICE spokeswoman Rachael Yong Yow said in an email to the New York Law Journal.

A coalition of legal groups has asked that the state Office of Court Administration and Chief Judge Janet DiFiore issue rules to curb ICE arrests at courthouses.

Expanded immigration enforcement actions under the Trump administration have resulted in more arrests at courts nationally since the beginning of 2017, according to a report by the Fund for Modern Courts. So far this year, ICE agents have arrested 52 people while they were in court in New York state, the majority in New York City, a spokesman for the OCA told the New York Law Journal earlier this week. Since this is the first year OCA has tracked ICE activities and arrests in courts, it's difficult to compare this year's arrests to previous years.

The ICE spokeswoman said that the agency has “always conducted courthouses arrests on an as-needed basis.” Data on how many ICE arrests in courts have occurred over the last several years was not immediately available.

The Legal Aid Society, New York County Defender Services, Brooklyn Defender Services, The Bronx Defenders and Neighborhood Defender Service of Harlem held a rally in Brooklyn on Thursday arguing that immigration enforcement at courthouses “deters those seeking redress from the courts.”

Undocumented individuals who are victims of a crime or witnesses are not a “target” for ICE agents, Yong Yow said. While ICE does arrest undocumented individuals at the courts, it's only after investigative officers have exhausted other options, the federal agency under the jurisdiction of the Department of Homeland Security said.

In response to ICE's remarks to the New York Law Journal, The Legal Aid Society contends that courthouse arrests discourage witnesses.

“Let's be clear: ICE's continued presence at courthouses jeopardizes everyone's safety and security, discourages clients and witnesses from appearing in court, and that undermines public safety and the reliability of the court system,” said Legal Aid spokesman Redmond Haskins. “These arrests discredit the integrity of our entire judicial system and erode basic tenets of due process and fair proceedings. Despite the tone-deaf response from ICE, this is the daunting reality that's currently playing out across New York state and the rest of the country.”

Earlier this week, the Fund for Modern Courts issued a report suggesting that the state's courts should limit their cooperation and assistance with immigration enforcement officers in state court buildings. The report by the justice system reform group asked that OCA reduce the frequency in which undocumented individuals need to appear in court, instead having them call in or video conference.

The OCA, which has had a “continuing dialogue” with federal and local officials regarding ICE agents making arrests in courthouses, has requested that that immigration enforcement officials treat courthouses as “sensitive locations,” which include schools, hospitals and places of worship where ICE enforcement actions are not to occur unless “exigent circumstances exists.”

Yong Yow said ICE does not consider courthouses to be sensitive locations.

“The agency complies fully with all prevailing jurisdictional court policies and makes efforts to exhaust all other avenues before effecting a courthouse arrest,” she said in an email.