ICE Agents in State Courts: Incidents and Responses
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 jrider@ncsc.org so that they can be included in this Resource Center.
Statements from Judges and Justice Stakeholders
- Letter from Former Judges to Acting Director Vitiello (12/12/2018)
- Summary of State Responses by DePaul Asylum and Immigration Law Clinic (10/2017)
- ABA Resolution urging courthouses to be designated as "sensitive locations" (8/15/2017)
- Letter/FOIA Request from nine State AGs to ICE, USCIS, and CBP (6/29/2017)
- Letter from Immigrant Defense Fund to Chief Judge Janet DiFiore (6/22/2017)
- Statement by New York City Council Speaker Melissa Mark-Viverito (NY) (6/16/2017)
- Comments from Chief Justice Suttell (RI) (6/16/2017)
- Response from ACLU of Rhode Island Executive Director Steven Brown (RI) (6/13/2017)
- Letter from 300 Michigan Attorneys and 20 Legal Organizations to Attorney General Sessions, Secretary Kelly, and Regional Director Adducci (MI) (6/1/2017)
- Letter from Chief Justice Rogers (CT) (5/17/2017)
- Letter from 13 RI Nonprofits to Chief Justice Suttell (RI) (5/9/2017)
- U.S. Commission on Civil Rights Expresses Concern with Immigrants' Access to Justice (4/24/2017)
- Letter from Chief Justice Rabner (NJ) (4/19/2017)
- Opinion, Chief Justice Cantil-Sakauye (CA) (4/19/2017)
- Letter from Janet Mills, Attorney General (ME) (4/10/2017)
- Letter from Chief Justice Balmer (OR) (4/6/2017)
- Letter from Denver (CO) Top Officials to local ICE field office (4/6/2017)
- Letter from CA Prosecutors to Attorney General Sessions and Secretary Kelly (4/4/2017)
- Letter from Latino Justice to Chief Justice DiFiore (NY) (4/3/2017)
- Response from Chief Justice Cantil-Sakuye (CA) (3/31/2017)
- Editorial, Dan Satterberg, King Co. (WA) Prosecuting Attorney (3/27/2017)
- Memo to NY State Court Officers' Union (3/24/2017)
- Letter from Chief Justice Fairhurst (WA) (3/22/2017)
- Letter from Chief Justice Cantil-Sakauye (CA) (3/16/2017)
- Letter from Brian Frosh, Attorney General (MD) (3/2/2017)
DOJ/DHS Statements and Materials
- ICE Directive Number 11072.1 (January 10, 2018)
- Executive Orders (2017)
- 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)
- ICE Sensitive Locations FAQs – DHS Website (updated May 2017)
- Letter from Attorney General Sessions and Secretary Kelly to Chief Justice Cantil-Sakauye (3/31/2017)
- Attorney General Sessions Announcement Concerning OJP Funding (3/27/2017)
- ICE Policy Number 10074.2 - Issuance of Immigration Detainers (3/24/2017)
- Screenshots re: Change in ICE Guidance about Courthouse from January 2017 to March 2017
- ICE Policy Number 10029.2 – Sensitive Locations (10/24/2011)
- 8 U.S.C. § 1357 Powers of immigration officers and employees
- Contact information - ICE field offices
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
- Obstructing Justice: The Chilling Effect of ICE's Arrests of Immigrants at Pennsylvania Courthouses (January 2019)
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
- Oregon Chief Justice Issues Rule Limiting Courthouse Arrests, Oregon, November 14, 2019
- Order approving New Uniform Trial Court Rule 3.190 (Oregon, November 14, 2019)
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
ICE Agents in State Courts: Incidents and Responses