Friday, May 17, 2019

NYC Bar Reports Immigrants Fearful of Obtaining Legal Services


As a law student at JD Touro Law School, Closter, NJ, resident Amy Goldenberg served as the election chair for the student bar association. In addition to her experience with the Essex Vicinage, a short distance from Closter, NJ, Amy Goldenberg is an active member of the NYC Bar Association criminal courts committee. The committee recently published its response to the increase in arrests conducted by the Immigration and Customs Enforcement (ICE) agency at New York state courthouses. 

A report recently released by the ICE Out of Courts Coalition provided evidence that the presence of federal immigration officers in state courts is resulting in unequal access to legal services for undocumented immigrants. ICE officers routinely detain undocumented court attendees. Between 2016 and 2018, the number of people detained by ICE while appearing at state courthouses jumped from 11 to more than 170. 

As a direct result of immigration laws being enforced at state courthouses, people without legal immigration status have become fearful of reporting crimes or appearing in court as witnesses. Without key witnesses, state prosecutors are unable to pursue their cases against dangerous offenders. 

In response to the findings, the NYC Bar has called on the Office of Court Administration to implement several changes, including mandating judicial warrants for any civil arrests taking place at state courthouses.