Rakoff Indicates Ruling by Year's End on NY AG's Suit to Halt ICE Courthouse Arrests
'I have no clear determination yet on many of the questions raised,' Rakoff said. But he appeared skeptical of the Trump administration's assertion that federal immigration law gives the government exclusive authority to make the arrests, regardless of location.
November 20, 2019 at 06:37 PM
4 minute read
A Manhattan federal judge said Wednesday that he plans to rule by the end of the year on the Trump administration's bid to dismiss a suit led by New York Attorney General Letitia James to challenge its policy of arresting undocumented immigrants in and around state courthouses.
Following about an hour of oral argument, U.S. District Judge Jed S. Rakoff of the Southern District of New York said he would accept one more round of submissions from both sides before entering a decision by Dec. 31 at the latest.
"I have no clear determination yet on many of the questions raised," Rakoff said from the bench. But he appeared skeptical of the Trump administration's assertion that federal immigration law gives the government exclusive authority to make the arrests, regardless of location.
James and Brooklyn District Attorney Eric Gonzalez sued U.S. Immigration and Customs Enforcement in September over a 2018 directive allowing agents to carry out arrests in or around state courthouses.
In the lawsuit, James claimed the directive was both unconstitutional and unlawfully promulgated, and that it created a chilling effect for undocumented immigrants, who she said are now less likely to pursue civil litigation or agree to testify in a criminal proceeding.
The legal challenge was based on claims that the Trump administration has drastically ramped up the arrests in recent years, leading to as much as a 1,736% increase in ICE courthouse enforcement, according to one analysis by an immigrant advocacy and legal services group.
Lawyers from the U.S. Attorney's Office for the Southern District of New York moved to dismiss the suit in October. They refute the state's claims that the arrests are unlawful under a centuries-old common-law privilege against civil arrests during, or outside, a court proceeding in New York, saying that federal law passed by Congress superseded the centuries-old understanding.
At Wednesday evening's arguments, government attorney Tomoko Onozawa said the administration's policy regarding courthouse arrests could not be reviewed by a federal judge.
That argument sparked a somewhat incredulous response from Rakoff, who called the statement "unusual and extraordinary."
Matthew Colangelo, who argued on behalf of the state, also seized on that characterization during his time before the judge.
"That's a striking possibility that the court should not agree with," he said.
Rakoff ended the hearing by asking for one last round of filings by Dec. 3. His decision, by the end of the year, would encompass all outstanding issues that the parties have raised, he said.
The lawsuit from New York and Gonzalez is separate from a different challenge to the courthouse arrests from the Legal Aid Society and a coalition of immigrant rights groups. The administration has also moved to dismiss that lawsuit, which is still pending in the Southern District.
Read More:
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllFrom ‘Deep Sadness’ to Little Concern, Gaetz’s Nomination Draws Sharp Reaction From Lawyers
7 minute readTrump Picks Personal Criminal Defense Lawyers for Solicitor General, Deputy Attorney General
Trending Stories
- 1Contract Software Unicorn Ironclad Hires Former Pinterest Lawyer as GC
- 2European, US Litigation Funding Experts Look for Commonalities at NYU Event
- 3UPS Agrees to $45M Settlement With SEC Over Valuation Claim
- 4For Midsize Law Firms, Curbing Boys-Club Culture Starts with Diversity at the Top
- 5Southern California Law Firms Boast Industry-Leading Revenue, Demand Through Q3
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250