TRENTON -- The chief justice of New Jersey's highest court is calling on federal immigration officials to stop arresting unauthorized immigrants at state courthouses, warning the practice could undermine New Jersey's justice system.

Supreme Court Chief Justice Stuart Rabner wrote a letter to federal Department of Homeland Security Secretary John Kelly on Wednesday raising objections to the arrests of two individuals making routine appearances in New Jersey Superior Court in recent weeks.

"I write to urge that arrests of this type not take place in courthouses," Rabner wrote in the letter, a copy of which was obtained by NJ Advance Media.

With his request, Rabner waded into a fight bubbling up at halls of justice across the country, where deportation officials are turning up at routine hearings to catch defendants, witnesses and in some cases victims of crimes who may have entered the country illegally.

The practice predates President Donald Trump's administration but has drawn scrutiny in recent months amid the president's hardline immigration stance.

Gov. Chris Christie, a Republican and staunch Trump ally, said it was inappropriate for Rabner to weigh in on the contentious issue. State Assembly Speaker Vincent Prieto, himself a Cuban immigrant, said ICE's use of court appearances to make arrests "promotes fear and dissuades undocumented immigrants from coming forward to report crimes or to assist the criminal justice system."

Rabner urged federal officials to add courthouses to the list of "sensitive locations" such as hospitals, schools and houses of worship where ICE is prohibited from making arrests, a move immigration advocates have long requested.

"When individuals fear that they will be arrested for a civil immigration violation if they set foot in a courthouse, serious consequences are likely to follow," he wrote.

"Witnesses to violent crimes may decide to stay away from court and remain silent. Victims of domestic violence and other offenses may choose not to testify against their attackers. Children and families in need of court assistance may likewise avoid the courthouse. And defendants in state criminal matters may simply not appear."

Immigration officials countered the practice is necessary because a number of cities and law enforcement agencies in New Jersey have enacted policies not to cooperate with the federal government's deportation force, creating a "public safety threat."

Lou Martinez, a spokesman for ICE's Newark field office, said the agency seeks out those facing deportation wherever agents can legally arrest them.

"While ICE does arrest targets at courthouses, generally it's only after investigating officers have exhausted other options," he said.

Martinez said tracking fugitive immigrants was "highly resource intensive" because ICE's targets often live in the shadows under aliases and without regular employment, meaning "a courthouse may afford the most likely opportunity to locate a target and take him or her into custody."

He said it was in some cases preferable for safety reasons because courthouses have metal detectors and other screening processes that ensure their target is unarmed.

The two New Jersey cases that prompted Rabner's comments took place at Superior Courthouses in Passaic and Middlesex counties, according to Peter McAleer, a spokesman for the state judiciary.



On March 17, a defendant appearing for a pre-trial intervention hearing at Superior Court in the city of Passaic was approached by ICE agents outside the courtroom, escorted out of the building and handcuffed in a nearby courtyard, McAleer said.



A similar incident occurred at the Middlesex courthouse in New Brunswick, where a defendant showed up at a sentencing hearing, received probation, and was promptly arrested by ICE.

Neither the state judiciary nor ICE would provide information about the defendants or the charges against them. The two arrests were the latest in a string of cases across the country that have drawn rebukes from immigration activists and court officials alike.

In February, a woman seeking a protective order against an abusive ex-boyfriend instead was arrested by ICE agents inside a Texas courthouse.

A month later, California Chief Justice Tani Cantil-Sakauye similarly expressed concerns that ICE agents "appear to be stalking undocumented immigrants in our courthouses," prompting a rebuke from homeland security chief Kelly and U.S. Attorney General Jeff Sessions.

Asked to for his reaction to Rabner's comments, Christie said he did "not believe now, nor have I ever believed that it is appropriate for the chief justice of the state of New Jersey to be attempting to dictate law enforcement policy to federal agencies."



In his letter, Rabner said court and corrections officials often cooperate with requests from ICE to detain or surrender criminal defendants sought by immigration officials. But he maintained that practice was "different from carrying out a public arrest in a courthouse for a civil immigration violation, which sends a chilling message."



"Like you, I believe in the rule of law," the chief justice wrote. "But I respectfully urge that we find a thoughtful path to further that aim in a way that does not compromise our system of justice."

NJ Advance Media reporter Ted Sherman contributed to this story.

S.P. Sullivan may be reached at ssullivan@njadvancemedia.com. Follow him on Twitter. Find NJ.com on Facebook.