Monsy Alvarado, and Hannan Adely

NorthJersey

The chief justice of the New Jersey Supreme Court requested Wednesday that federal immigration officials stop arresting immigrants living in the country illegally when they are at courthouses, saying the practice sends a "chilling message" and could bring serious consequences.

The letter sent by Chief Justice Stuart Rabner to John F. Kelly, secretary of the U.S. Department of Homeland Security, states that in recent weeks two individuals who showed up for court appearances were arrested by immigration officials in New Jersey. He requested that courthouses be deemed "sensitive locations,'' as are schools, hospitals, houses of worship, public demonstrations and other places where immigration enforcement is generally avoided and requires approval.

"To ensure the effectiveness of our system of justice, courthouses must be viewed as a safe forum,'' he wrote. "Enforcement actions by ICE agents inside courthouses would produce the opposite result and effectively deny access to the courts."

In a statement, Luis Martinez, a spokesman for Immigration and Customs Enforcement, said DHS does not comment on correspondence, but that while ICE does make arrests at courthouses, generally it is after investigating officers have exhausted other options. In the statement, he said courthouses afford the most likely opportunity to locate someone absent a viable address or place of employment. Because courthouse visitors are typically screened, he added, the safety risks for officers and the person arrested are substantially diminished.

"It's important to note that many of the arrest targets ICE has sought out at or near courthouses are foreign nationals who have prior criminal convictions in the U.S.,'' the statement says. "In years past, most of these individuals would have been turned over to ICE by local authorities upon their release from jail based on ICE detainers."

In his letter, Rabner said that when individuals fear they will be arrested for civil immigration violations, they may keep away from courthouses, and it could also deter victims from reporting crimes. He wrote that witnesses to violent crimes may decide to stay away from court and remain silent, and victims of domestic violence and other offenses may choose not to testify against their attackers. He added that children and families in need of court assistance may likewise avoid the courthouse, as well as defendants in state criminal matters.

Pete McAleer, a spokesman for the state’s Administrative Office of the Courts, said two immigrants were arrested at courthouses in Passaic and Middlesex counties.



On March 17, a defendant was taken into custody by ICE officers after he showed up at a Passaic court for a Pretrial Intervention hearing, McAleer said. Officers approached him in the hallway and escorted him into the courtyard, where he was handcuffed, McAleer said.



McAleer said he did not have details about the case, including the person’s name or the charge. Generally, Pretrial Intervention is offered to first-time offenders for minor crimes so they can get supervised release instead of prosecution.

On March 31, in Middlesex County, the defendant had just been sentenced to probation and was escorted out to a holding area by ICE officers, McAleer said.





McAleer said he did not know how ICE became aware of the presence of those individuals in the courts. The sheriff’s officers and court employees also were not alerted ahead of time that ICE agents would be present, he said.

The practice of arresting unauthorized immigrants at courthouses has happened before and has drawn strong criticism. It has gotten renewed attention from immigrant advocates and lawyers after reports that such arrests were happening in other parts of the country after President Donald Trump signed executive orders to clamp down on illegal immigration.

Johanna Calle, program coordinator for the New Jersey Alliance for Immigrant Justice, said the presence of ICE officials in state courts undermines the criminal justice system.

"You don't want to blur the lines between local law enforcement and federal agencies,'' Calle said. "What he's talking about is the criminal justice system in the state of New Jersey, and that it's not an immigration court. They are going to courts that have nothing to do with immigration."

Rabner is among a growing chorus of attorneys and judges from across the country who are speaking out against the practice of ICE arrests at courthouses. Some, like Rabner, have written letters urging the administration to end the practice. Last month, California's Chief Justice Tani Gorre Cantil-Sakauye requested that federal agents stop conducting arrests in that state's courthouses.

In a letter to Cantil-Sakauye, Kelly and Attorney General Jeff Sessions said that arrests in public places like courthouses are constitutionally permissible. They also turned the blame on “sanctuary cities” in the letter, claiming that because those cities won’t detain undocumented immigrants at ICE’s request, agents have to arrest them in public places, rather than in "secure jail facilities."

New Jersey Assembly Speaker Vincent Prieto commended Rabner and supported his requests to stop arrests at courthouses nationwide.

"Undocumented immigrants are routinely marginalized in many ways, but they should never have to feel unsafe merely for reporting or speaking out against crimes and injustices,'' he said in a statement. "Their cooperation is just as crucial as any other segment of the population in promoting a safer, more civil society."

Staff Writer Andrew Wyrich contributed to this story.