Overview
- U.S. District Judge Mae D’Agostino dismissed the DOJ lawsuit seeking to strike down the 2020 Protect Our Courts Act.
- The law permits arrests at or near state and local courthouses only with a judicial warrant or court order.
- D’Agostino rejected supremacy-clause preemption and intergovernmental-immunity claims, characterizing the state as acting as a proprietor.
- Her opinion cited evidence that courthouse immigration arrests in New York rose about 1,200% from 2017 to 2020 and chilled access to justice.
- The ruling does not affect federal or immigration courts, and the Justice Department can appeal to the Second Circuit.