Can ICE Detain You at the Courthouse?

Courthouses should be places where people can seek justice and exercise their constitutional rights to due process without fear. That’s exactly why New York passed the Protect Our Courts Act in 2020, prohibiting federal immigration authorities from picking people up who are present in New York state courthouses on legal business. Given the current administration’s goal to deport millions of immigrations from the country and its targeted focus on Democrat-led cities, it’s no surprise the government recently challenged this in federal court.

Below we explain how New York’s law works and what its limits are. We also look at the government’s legal challenge and a recent legal ruling by a federal judge dismissing the Trump administration’s lawsuit. Read on to learn when you should and shouldn’t be worried about being picked up at court, and why bringing an experienced New York deportation defense lawyer with you to any hearing is essential.

New York’s Protect Our Courts Act

The Protect Our Courts Act (POCA), enacted by New York in 2020, generally prohibits state or local employees from assisting federal civil immigration enforcement. Critically, the law also bars federal immigration agents from arresting people who are coming to, going from, or inside New York state, county, city, or municipal courthouses, unless the federal agents have a judicial warrant or criminal warrant signed by a judge. In short, absent a judge-signed criminal or court order, civil immigration arrests in or around state courthouses are not permitted under New York law. Note that the law does not apply to federal courts, including immigration courts.

The Justice Department’s challenge and the recent ruling

Earlier this year the U.S. Department of Justice sued to invalidate POCA, arguing that the law conflicted with federal immigration enforcement and therefore violated the Constitution’s Supremacy Clause. The federal government’s position was essentially that immigration enforcement is a federal responsibility and that state or local limits on cooperation (or limits on where arrests can occur) improperly obstruct federal law.

On November 18, 2025, U.S. District Judge Mae D’Agostino dismissed the DOJ’s lawsuit and upheld New York’s law. Judge D’Agostino concluded that New York’s restrictions on courthouse arrests are a lawful exercise of the state’s sovereignty protected by the Tenth Amendment in the U.S. Constitution’s Bill of Rights. The court found that the federal government had not identified any law compelling state or local officials to assist with civil immigration enforcement and that Congress cannot “conscribe” state or local resources to carry out federal regulatory schemes. In short, the judge said the federal government cannot force states to help execute civil immigration arrests in state courthouses.

What the administration said… and what the judge rejected

The DOJ framed its challenge as necessary to preserve federal power to enforce immigration law everywhere, arguing that state laws like POCA undermine a uniform national immigration policy. The judge, however, found that POCA does not prohibit federal officers from performing their duties; rather, it limits the circumstances under which arrests by federal agents may occur in state courthouse settings absent a judicially issued warrant and prevents state actors from being compelled to assist. The court emphasized constitutional limits on federal authority to commandeer state officials.

When you should, and should not, be worried about being picked up at court

State court proceedings (criminal, family, housing, civil cases)

In New York, if you are attending a state or local court (for example, a New York State criminal court, family court, housing court, or civil proceeding), POCA is intended to protect you from civil immigration arrests inside courtrooms or as you come and go, unless ICE has a judicially issued criminal warrant. That means courthouse appearances in many state venues are safer than they were when ICE routinely arrested people in courthouse hallways.

Federal immigration court (EOIR) hearings

POCA does not apply to federal immigration courts. ICE can, and does, arrest people at or immediately outside immigration court hearings. If your court date is at a federal immigration court (not a state court), you should assume ICE may be present and take precautions, including bringing legal counsel with you.

Even with POCA in place, ICE may try to effect an arrest outside a state courthouse if they believe they have probable cause or if they have a criminal arrest warrant. Also, POCA doesn’t stop ICE from conducting enforcement elsewhere, including at home, at work, on the street, or in public services. The law protects courthouse access but does not provide a blanket immunity from enforcement.

Why legal representation matters at every step

Whether you are going to a state courtroom or an immigration court, having an experienced deportation defense lawyer with you is vital. Your attorney can:

• Confirm whether your hearing is in state or federal court and advise on the practical risk of ICE presence;
• Attend court hearings with you so you are not alone if ICE shows up and so that your counsel can immediately challenge any improper detention;
• Identify whether ICE presents a valid judicial or criminal warrant (not their own internal paperwork) and move promptly to contest unlawful arrests or seek release;
• Prepare bond applications, emergency motions, and habeas petitions if you are detained, and preserve your appeal rights if removal orders follow.

Even where POCA offers protection, attorneys are essential to ensure that courthouse staff and state actors comply with the law, and to intervene rapidly if federal agents overstep. Studies and local experience show that people with counsel are far more likely to avoid detention and to obtain relief if they face removal proceedings.

Contact a New York Immigration Attorney

The Protect Our Courts Act is an important protection for New Yorkers who need access to state and local courthouses without fear of civil immigration arrest, and the recent federal court ruling rejecting the Department of Justice’s challenge affirms New York’s right to enforce those protections. But the law is not a shield against all ICE activity: it does not cover federal immigration courts, and it does not prevent arrests elsewhere. If you or a family member has an upcoming court date, treat courthouse appearances seriously. Know whether the hearing is in state or federal court, bring your lawyer, and be prepared to assert your rights.

If you’re worried about going to court, or if you’ve been detained by ICE, Gladstein & Messinger, P.C., can help. We defend clients in removal proceedings, challenge unlawful detention, and stand ready to attend hearings with you. Contact us for more information or immediate assistance.