Rakoff Greenlights NY Challenge To ICE Courthouse Arrests

Law360 (December 19, 2019, 4:11 PM EST) -- U.S. District Judge Jed Rakoff on Thursday allowed New York to move forward with its challenge to U.S. Immigration and Customs Enforcement's practice of arresting people at state courthouses, finding that courts can review these types of agency decisions.

Judge Rakoff rejected the federal government's contention that ICE has full "agency discretion" to arrest unauthorized immigrants wherever officers see fit, preserving the state's claims in New York's southern district that the agency's arrest tactic is illegal and unconstitutional.

The judge said that a ruling in ICE's favor would expand the federal agency's authority and create a result that would be an...

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