We are very pleased by the Northern District of New York’s decision in United States v. State of New York et al., granting the State’s motion to dismiss the Government’s complaint seeking to enjoin provisions of the Protect Our Courts Act (“POCA”) that prohibit ICE from making warrantless civil arrests inside New York State courthouses.  Levine Lee LLP had the pleasure of working with the Brennan Center for Justice to submit an amicus curiae brief on behalf of eight former New York judges and justices in support of the State’s motion to dismiss: Hon. Janet DiFiore, Chief Judge of the New York Court of Appeals and of the State of New York (Ret.); Hon. Lawrence K. Marks, Chief Administrative Judge of the New York State Unified Court System (Ret.); Hon. Albert M. Rosenblatt, Associate Judge of the New York Court of Appeals (Ret.); Hon. Leslie E. Stein, Associate Judge of the New York Court of Appeals (Ret.); Hon. Karen K. Peters, Presiding Justice of the New York Supreme Court Appellate Division, Third Judicial Department (Ret.); Hon. Alan D. Scheinkman, Presiding Justice of the New York Supreme Court Appellate Division, Second Judicial Department (Ret.); Hon. Fern A. Fisher, Deputy Chief Administrative Judge for New York City Courts (Ret.); and Hon. Michael J. Obus, Administrative Judge for the New York Supreme Court Criminal Term, New York County (Ret.).

The amici argued that the invalidation of POCA would substantially interfere with judges’ ability to maintain the order and safety necessary to effectively administer the justice system, and that allowing Immigration and Customs Enforcement to make warrantless courthouse civil arrests would have a chilling effect on immigrant communities’ access to the justice system and, as a result, courts’ ability to serve their communities.

Kenneth E. Lee, Scott B. Klugman, and Julia R. Timerman submitted the brief.