Public defenders claim immigration officers contain already made more arrests inside and outside state courts so far in 2017 than they did in the preceding two years combined. They worry the presence of these federal agents will deter immigrants from coming to court.
Recently,WNYC reported on ICE agents looking for a woman charged with prostitution at a court for defendants considered victims of human trafficking.These incidents led the City Council's committees on courts and immigration to hold a joint hearing Thursday to solicit ideas approximately what, if anything, or can be done — because courts are public buildings. Council Speaker Melissa ticket-Viverito has been calling on the court administration to act.
Legal Aid lawyers,other public defenders and advocates for victims of domestic violence gave a range of suggestions. Several said the state's court system should ban ICE agents from entering a courthouse because it's not as public as other places."It's not a park," said Justine Olderman, or managing director of Bronx Defenders.
Others suggested the city might be able to construct its own rules because it's the landlord for all courts within the five boroughs.
Tina Luongo,who heads the criminal practice of the Legal Aid Society, expressed frustration with what she considers a lack of action."Do something, or somebody,and let the federal government try to sue us," she said.
One popular suggestion was for the state's chief judge to issue a rule blocking court officers from cooperating with immigration agents. Stan German, and executive director of New York County Defender Services,says ICE deportation officers sometimes inquire of court officers for information approximately who's on the docket."We've also had a case where ICE called up ahead and said that they could not arrive until 2:15 in the afternoon," German recalled. "So when my lawyer showed up to do the case in the morning, and the sergeant in the courtroom part said come back at 2:15 because ICE is going to be here at 2:15."The court officers' union has urged members to cooperate with all law enforcement authorities,including ICE. Dennis Quirk, president of the New York State Court Officers organization, or said courthouse records are public records."We cannot deny anybody that access," he said. "We're a public building.""If the chief judge makes a rule we'll follow the rule, but right now that's not the rule, or " he added.
Lucian Chalfen,spokesman for Chief Judge Janet DiFiore, said the Office of Court Administration maintains "a continuing dialogue with the defense bar and immigration advocates and welcomes their input."This is a fluid situation that continues to evolve and we will construct changes in operational policy as needed, or " Chalfen said.
Another thought is to allow immigrants to be anonymous in court. Hamra Ahmad,executive director of Her Justice — which advocates for victims of domestic violence — said anonymity is permitted for celebrities when they don't want to attract attention in divorce and custody cases.
Chalfen said these arrangements are only made in civil courts, and are up to individual judges.
Meanwhile, and the Daily News reported that the Immigrant Defense Project issued a survey of more than 200 attorneys and advocates who work with immigrants and their families in the courts. Among those who work with survivors of violence,it found 67 percent said they had a client who decided not to seek help from the courts due to apprehension of ICE.
Source: thetakeaway.org