United States v. State of New York

United States v. State of New York

The Brennan Center and co-counsel Levine Lee filed an amicus brief on behalf of former New York judges and justices in defense of New York’s Protect Our Courts Act, arguing that ICE’s warrantless civil arrests at courthouses undermines the proper functioning of state courts. On November 17, 2025, the district court granted New York’s motion to dismiss.

Published August 7, 2025

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In December 2020, New York passed the Protect Our Courts Act (POCA), a state law that prohibits civil arrests in New York courthouses, except when executed pursuant to a judicial warrant or judicial order authorizing the arrest. New York enacted the law to stop ICE from engaging in civil immigration enforcement actions at state courthouses — a common practice during the first Trump administration which ICE has resumed under the current administration.

On June 12, the Department of Justice (DOJ) filed a lawsuit against New York challenging POCA in the U.S District Court for the Northern District of New York. DOJ alleges that POCA violates the U.S. Constitution’s Supremacy Clause by impeding federal immigration enforcement and regulating and discriminating against the federal government. DOJ also challenges two related executive orders that prohibit civil immigration arrests within state facilities without a judicial warrant or judicial order and forbid state officials from sharing information with federal immigration authorities for the purpose of civil immigration enforcement unless required by law.

On August 11, the Brennan Center, along with co-counsel Levine Lee LLP, filed an amicus brief on behalf of former New York judges and justices in support of New York’s motion to dismiss. Together, the signatories have more than 180 years of combined experience on the bench and include the former Chief Judge of the New York Court of Appeals and of the State of New York, the former Chief Administrative Judge of the New York State Unified Court System, former Associate Judges of the New York Court of Appeals, former Presiding Justices of New York’s Second and Third Appellate Divisions, the former Deputy Chief Administrative Judge for New York City Courts, and the former Administrative Judge for the New York Supreme Court’s Criminal Term in New York County. Their brief argues that invalidation of POCA would interfere with the effective administration of justice by disrupting court proceedings, diverting critical judicial resources from state judiciaries to federal immigration enforcement, and deterring immigrant communities’ from accessing state courts.

On November 17, 2025, the district court granted New York’s motion to dismiss, finding that Congress has not displaced the common law privilege against civil courthouse arrests. It held that POCA and the two executive orders at-issue are not preempted by federal immigration law and neither unlawfully regulate federal officials nor discriminate against federal immigration authorities.

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