By Mary Campbell

Following the controversial arrest of a Wisconsin judge accused of helping an undocumented immigrant avoid federal detention, New York lawmakers are working to reinforce the state’s protections against immigration enforcement in courthouses.

Last week, Milwaukee County Judge Hannah Dugan was arrested by the FBI after allegedly guiding undocumented immigrant Eduardo Flores-Ruiz through a private hallway to avoid ICE agents waiting in a courthouse corridor. Despite her efforts, Flores-Ruiz was arrested outside the building by agents armed only with an administrative warrant. Dugan’s arrest—the first of its kind—has sparked national outrage and concern among immigrant advocates, who warn it could deter immigrants from appearing in court, even as victims or witnesses.

Wisconsin currently has no laws protecting immigrants from ICE arrests in court settings. In contrast, New York enacted the Protect Our Courts Act in 2020, prohibiting ICE from making arrests in or near courthouses unless they have a judicial warrant—a step up from the more common administrative warrants ICE typically uses.

State Senator Brad Hoylman-Sigal, who sponsored the original law, says New York’s protections likely would have prevented what happened in Wisconsin. “In New York, I’m happy to say that this arrest would not have happened because of our bill,” he said. Still, Hoylman-Sigal acknowledges that more must be done to safeguard immigrants and judicial officers.

 Strengthening the Law: What Lawmakers Are Proposing

Hoylman-Sigal is working with Assembly Member Micah Lasher on new legislation to reinforce and expand the Protect Our Courts Act. Here’s what they’re considering:

• Increased Penalties for Violations: Tougher consequences for federal agents who carry out unauthorized arrests in or around courthouses, aiming to deter future violations.
• Civil Remedies at the State Level: New avenues for immigrants and others to sue federal agents in state court if their constitutional rights—particularly under the Fourth Amendment—are violated.
• Clarifying the Role of Court Officers: In response to a February memo from New York’s Chief Administrative Judge Joseph Zayas, which directed court officers not to interfere with ICE arrests, lawmakers may push for rules ensuring alignment with state law.
• Judicial System Accountability: Ensuring the court system enforces the Protect Our Courts Act uniformly rather than issuing directives that may undermine it.

Lasher emphasized the legal complexities, including federal preemption, but said the focus is on finding enforceable ways to protect New Yorkers and deter overreach. “There’s a question of what it takes to deter this conduct on the part of federal officials,” he said, adding that civil remedies could be an effective route.

While the Department of Homeland Security’s current policy technically allows ICE arrests near courthouses only where local law permits it, the situation remains murky. The Zayas memo, which appears to contradict the state law by telling officers not to stop ICE, may have been issued as a precaution to avoid scenarios like the one in Wisconsin.

The Office of Court Administration has not commented on the memo or its potential implications.

New York legislators hope their next steps will send a clear message: the state’s courthouses are places of justice—not immigration traps.