Improving Relationships with ICE

Resource Center

The Conference of Chief Justices (CCJ) and the Conference of State Court Administrators (COSCA), in an effort to provide its members with background information and resources regarding the relationship between state courts and the U.S. Customs and Immigration Enforcement agency (ICE), created this Resource Center. We are continuing to gather materials as issues arise, therefore this is not an exhaustive or final list of resources. Please send all updates to bkavanagh@ncsc.org so that they can be included in this Resource Center.

ICE Agents in State Courts: Incidents and Responses


Statements from Judges and Justice Stakeholders

Letter from Brian Frosh, Attorney General (MD) (3/2/2017)

Letter from Chief Justice Cantil-Sakauye (CA) (3/16/2017)

Letter from Chief Justice Fairhurst (WA) (3/22/2017)

Memo to NY State Court Officers' Union (3/24/2017)

Editorial, Dan Satterberg, King Co. (WA) Prosecuting Attorney (3/27/2017)

Response from Chief Justice Cantil-Sakuye (CA) (3/31/2017)

Letter from Latino Justice to Chief Justice DiFiore (NY) (4/3/2017)

Letter from CA Prosecutors to Attorney General Sessions and Secretary Kelly (4/4/2017)

Letter from Denver (CO) Top Officials to local ICE field office (4/6/2017)

Letter from Chief Justice Balmer (OR) (4/6/2017)

Letter from Janet Mills, Attorney General (ME) (4/10/2017)

Opinion, Chief Justice Cantil-Sakauye (CA) (4/19/2017)

Letter from Chief Justice Rabner (NJ) (4/19/2017)

U.S. Commission on Civil Rights Expresses Concern with Immigrants' Access to Justice (4/24/2017)

Letter from 13 RI Nonprofits to Chief Justice Suttell (RI) (5/9/2017)

Letter from Chief Justice Rogers (CT) (5/17/2017)

Letter from 300 Michigan Attorneys and 20 Legal Organizations to Attorney General Sessions, Secretary Kelly, and Regional Director Adducci (MI) (6/1/2017)

Response from ACLU of Rhode Island Executive Director Steven Brown (RI) (6/13/2017)

Comments from Chief Justice Suttell (RI) (6/16/2017)

Statement by New York City Council Speaker Melissa Mark-Viverito (NY) (6/16/2017)

Letter from Immigrant Defense Fund to Chief Judge Janet DiFiore (6/22/2017)

Letter/FOIA Request from nine State AGs to ICE, USCIS, and CBP (6/29/2017)

DOJ/DHS Statements and Materials

Executive Orders (2017)

ICE Policy Number 10074.2 - Issuance of Immigration Detainers (3/24/2017)

Attorney General Sessions Announcement Concerning OJP Funding (3/27/2017)

Letter from Attorney General Sessions and Secretary Kelly to Chief Justice Cantil-Sakauye (3/31/2017)

8 U.S.C. § 1357 Powers of immigration officers and employees

ICE Policy Number 10029.2 – Sensitive Locations (10/24/2011)

ICE Sensitive Locations FAQs – DHS Website (updated May 2017) 

Screenshots re: Change in ICE Guidance about Courthouse from January 2017 to March 2017

Contact information - ICE field offices

Written Testimony of ICE Director Thomas Homan for House Committee on Appropriations, Subcommittee on Homeland Security Hearing on ICE FY18 Budget Request (6/13/17)

Authority of Courts to Limit Access to Premises or Information

8 U.S.C. § 1373 Communication between government agencies and the Immigration and Naturalization Service

8 U.S.C. § 1229(e) Initiation of removal proceedings: Certification of compliance with restrictions on disclosure

The Fund for Modern Court's Protecting the Administration of Justice in New York State: Impact of ICE Arrests on New York's Access to State Courthouses (December 5, 2017)

National Immigration Project's Practice Advisory: Remedies to DHS Enforcement at Courthouses and Other Protected Locations (4/12/2017)

NY Attorney General: Guidance Concerning Local Authority Participation In Immigration Enforcement And Model Sanctuary Provisions

WA's Immigration Resource Guide for Judges

National Immigrant Women's Advocacy Project's Family Court Bench Card on Violence Against Women Act

American Immigration Council's Fact Sheet on Immigration Detainers

Relationship Between State and Federal

Interstate Agreement on Detainers Act

Printz v. United States, 521 U.S. 898 (1997)

National Immigration Project's Understanding Immigration Detainers

Potential Legal and/or Ethical Liability for Action by Judges or Court Officials

8 U.S.C. § 1324 Bringing in and harboring certain aliens

Testimony, U.S. House Judiciary Committee, Immigration Subcommittee (3/28/2017)

Selected Provisions of the Code of Judicial Conduct

ACLU's Amicus Brief in Commonwealth v. Lunn (3/20/2017)

State and Local Procedures

California Values Act (signed into law October 2017)

Protocols for Identity and Legal Status Determinations of Adult Probationers (AZ)

Proposed: Los Angeles Countywide Sensitive Locations Policy (CA)

Office of the Chief Administrative Judge: Policy and Protocol Governing Activities in Courthouses by Law Enforcement Agencies (NY)

King County (WA) Superior Court Policy Limiting ICE Enforcement Actions in Courtrooms

Legislative Proposals in the States

SB 54, 2017-18 Reg. Sess. (CA) Law enforcement: sharing dat (signed into law October 2017)

SR 22, 2017-18 Reg. Sess. (CA) Relative to immigration enforcement

HB 1407, 2017 Reg. Sess. (FL) Enforcement of Federal Laws

SB 1674, 2017 Reg. Sess. (FL) Enforcement of Federal Laws

HB 1362, 437th Reg. Sess. (MD 2017) Criminal Procedure - Immigration - Community Trust

SB 835, 437th Reg. Sess. (MD 2017) Maryland Law Enforcement and Government Trust Act

HF 1576, 90th Reg. Sess. (MN 2017) Minnesota made a sanctuary state for immigration enforcement purposes

SF 1110, 90th Reg. Sess. (MN 2017) Minnesota a sanctuary state for immigration enforcement purposes

AB 4611, 217th Leg. (NJ 2017) Concerning immigration and supplementing various sections of the statutory laws

HB 3464, 79th Leg. (OR 2017) Relating to the involvement of public bodies in immigration enforcement

SB 997, 85th Leg. (TX 2017) Relating to peace officer enforcement of federal immigration law at places of worship, hospitals, publish schools, and courthouses

HB 1985, 65th Leg. (WA 2017) Establishing a statewide policy supporting Washington state's economy and immigrants' role in the workplace

SB 5689, 65th Leg. (WA 2017) Establishing a statewide policy supporting Washington state's economy and immigrants' role in the workplace