The Protect Our Courts Act (S425/A2176) is vital to the protection of the immigrant community during and emerging from this pandemic. Immigrant communities have been devastated by COVID-19, and ICE will continue to intimidate people out of accessing critical services at courthouses unless New York acts now.

Immigrant neighborhoods are at the epicenter of the outbreak and have experienced massive loss of life. Many are essential workers facing heightened risks to pull our state through this crisis. While immigrants have been excluded from economic relief, they are additionally marginalized from accessing the variety of rights and remedies that are available through the court system, where ICE targets people for arrest.

As COVID-19 was ravaging communities across the state, ICE arrested an individual outside a Long Island courthouse on March 16th, the day Suffolk County schools were closed. With USCIS’s announcement that it will reopen offices on June 4th and the gradual re-opening of New York Courts, we can assume that ICE will ramp up its enforcement activities. Prior to the COVID-19 pandemic, ICE had clearly targeted NYC—ICE raids in NYC increased 400% in the first 11 weeks of 2020 compared to the last 11 weeks of 2019.  

Advocates report that survivors of domestic violence are scared that, if they or their family members are arrested or detained by ICE, it will equal a death sentence. With COVID-19 spreading rapidly throughout jails and detention centers, the message has been received loud and clear by immigrant communities that ICE has little, if any, regard for human life. When faced with the choice of risking detention, deportation, and a very high risk of contracting COVID-19 in ICE custody, survivors will stay home and stay away from courts. With Governor Cuomo reporting a dramatic increase of domestic violence incidents, legislators must seize this opportunity to signal to survivors that the courts are a safe place to go.

As undocumented immigrants are already fearful of seeking medical attention during this time, POCA needs to be in place in order to ease the anxiety and stress inflicted onto their communities. This would be especially relevant in the event there is another large outbreak of the virus in the fall, as it is anticipated.

ICE policing at NYS courts only adds another layer of distress to undocumented immigrants who seek access to an institution in which every resident has a right to use. New York State has the opportunity to make immigrant communities feel more safe during this pandemic, so they can access state services.