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ICE Bill Draws Assembly Debate

Assemblywoman Michaelle Solages, D-Valley Stream, speaks in defense of legislation to exempt undocumented immigrants from arrest on their way to viewing or from viewing court proceedings.

Democrats are poised to add an exemption for undocumented immigrants from arrest by Immigration and Customs Enforcement officers’ if the immigrants are on their way to or from court proceedings they are viewing as spectators.

Earlier this week, the Assembly passed A.2176 in a 97-44 party-line vote to exempt undocumented immigrants from civil arrest if they are an interested party on the way to a court proceeding, at the court proceeding or returning home from the court proceeding.

Assemblywoman Michaelle Solages, D-Valley Stream, sponsored the legislation. Companion legislation in the state Senate, S.425, is sponsored by Senator Brad Hoylman, D-New York City. Similar legislation stalled in Senate in 2018.

“We are New York state,” Solages said on the Assembly floor. “We have sent a signal and with this bill we send a signal that our courthouses are open to all and that the judicial process can be done and that when you go to court you are going to be safe. With passage of this bill in the Assembly and the Senate we send a loud message to our community that you are here to stay.”

The legislation would amend the Civil Rights Law to protect certain persons from civil arrest when going to, remaining at, or returning from a court appearance or proceeding unless a specific judicial warrant or judicial order authorizing such arrest has been issued. A civil court action may be brought by the individual or the state attorney general to address an alleged violation of the provision.

The Judiciary Law would also be amended to provide that non-local law enforcement officials seeking to enter a courthouse with respect to an alleged violation or violations of federal immigration law would be required to identify themselves and such purpose. Counsel for the unified court system would be required to review any judicial warrant or judicial order presented to assure its authenticity before allowing entry of the officer intending to effect such an immigration-related arrest.

Goodell said it has been established for more than 100 years that a witness in a court case or a party in a lawsuit is immune from civil arrest while traveling to or from court. The new distinction is spectators to a court proceeding being added, as well as a provision in the bill that would subject federal law enforcement to a fine or criminal charges. The Jamestown Republican said the additional stipulation being added to state law creates an additional difficulty for ICE agents who can’t prove that a person who claims they are going to or returning from court is actually doing so.

“The current law strikes the right balance,” Goodell said. “The current law says if you are a party or you are a witness you are exempt from civil arrest. This law says we are making spectators exempt from civil arrest if they happen to be related to anyone in the court or live in the same household. That goes too far and it makes federal law enforcement officers subject to criminal prosecution for carrying out their duties to enforce federal law. That’s an inappropriate change in the way we deal with those who are here illegally and those who are here intent to uphold the law.”

Those speaking after Goodell shared different views on the bill. Assembly Majority Leader Crystal Peoples-Stokes, D-Buffalo, said the state should encourage family members and supporters to be in court to help those who may not speak English to understand what is happening in court without worrying about being arrested.

“This is a really difficult thing to do when there are so many within our society who don’t think that people who don’t yet have their American citizenship should have the same protections as everyone else,” Peoples-Stokes said. “I, being from the family that wasn’t necessarily immigrating to America but was forced here, I understand there are a lot of people who come to America by their own will but who sometimes really do need to have their person who can help you understand what is going on during court proceedings that you have to go through.”

Charles Barron, D-Brooklyn, called for the abolishment of the federal Immigration and Customs Enforcement division while accusing those who spoke against A.2176 as out of touch, among other things.

“You’re talking about a spectator,” Barron said. “My colleague, you live in a bubble. You are the spectator. You came here from other places and took land from people. Your ancestors did this. So who is the real spectator? I think this bill is good. Immigrants contribute billions of dollars to this economy. So-called immigrants, some even fighting in wars, but yet the only thing this bill is saying is you can’t use the courts to entrap immigrants. …

“When the European immigrants came — Irish, Polish, Jewish, Germans, Italians — yes, they were discriminated against because the white, Anglo-Saxon protestants from England did that. But they didn’t get treated like this. When the color of immigration changed you don’t even want their families to go to court with them. Absurd.”

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