Chief Justice Seeks No Arrests By ICE Agents in Courthouses

TRENTON – New Jersey Chief Justice Stuart Rabner has asked Sec. John F. Kelly of the U.S. Department of Homeland Security, in an April 19 letter, not to make arrests of illegal immigrants by Immigration and Customs Enforcement (ICE) agents in state courthouses. 
Rabner cited two arrests in recent weeks of persons who appeared in court as the reason for his request.
“ICE recognizes that arrests, searches, and surveillance only for immigration enforcement should not happen in ‘sensitive locations,'” Rabner wrote.
He cited Policy Number 10029.2 that “extends that principle to schools, hospitals, houses of worship, public demonstrations and other events. I respectfully request that courthouses be added to the list of sensitive locations.”
Underscoring his role as administrative head of the state court system, Rabner continued, “A true system of justice must have the public’s confidence. 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.
“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,” Rabner wrote.
“Courthouses must be viewed as a safe forum,” he continued, “enforcement actions by ICE agents inside courthouses would produce the opposite results and effectively deny access to the courts.”
Rabner acknowledged the difference between his courthouse request and those made in correctional centers.
Opponents voiced sentiments at four recent freeholders’ meetings after Cape May County Sheriff Gary Schaffer made a request of Homeland Security to have three corrections officers, already on staff, trained in ICE rules to recognize illegal immigrants who appear in county jail. Schaffer pointed to longstanding practice of his department cooperating with ICE regarding illegal immigrants at the correctional center.
“For years, state courts and corrections officials have cooperated with detainer requests from ICE and other agencies for the surrender of defendants who are held in custody. That practice is different from carrying out a public arrest in a courthouse for a civil immigration violation, which sends a chilling message.
“Instead, the same sensible approach that bars ICE enforcement actions in schools and houses of worship should apply to courthouses,” Rabner wrote.
Rabner cited his time served in the U.S. Attorney’s Office for New Jersey, and later as state Attorney General.
“Like you, I believe in the rule of law. But I respectively urge that we find a thoughtful path to further that aim in a way that does not compromise our system of justice,” Rabner concluded.