ICE Must Face New York Suit Over Courthouse Arrest Policy

Dec. 19, 2019, 7:40 PM

New York has adequately alleged that U.S. Immigration and Customs Enforcement is violating the Tenth Amendment to the U.S. Constitution by pursuing a policy to increase arrests in and around courthouses, a New York federal court said Dec. 19.

New York stated a Tenth Amendment claim by saying the policy is interfering with state court operations and criminal prosecutions, and therefore undermining sovereign interests, Judge Jed S. Rakoff of the U.S. District Court for the Southern District of New York said a decision denying a motion to dismiss.

New York also adequately raised claims ICE is violating the common law ...

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