Legal Af
Legal Af
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Federal Judge SHUTS DOWN Trump's ICE Scheme

Posted

November 28, 2025

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Brian Kabateck and Shant Karnikian break down a major victory for access to justice as Judge Mae D'Agostino upholds New York's Protect Our Courts Act, blocking Trump's attempt to station ICE agents in state courthouses to arrest people on civil immigration violations. The Obama-appointed judge issued a 41-page ruling dismissing the DOJ's lawsuit, finding that New York is "protecting its sovereign interests in the face of undue federal interference" under the 10th Amendment. Brian explains that most people in the country illegally have committed a civil violation, not a criminal offense, and therefore no judicial warrant is available for their arrest—only administrative warrants that amount to a piece of paper saying "go pick up" someone. The hosts emphasize that the law doesn't prevent ICE arrests with proper judicial warrants or arrests outside a 200-yard zone around courthouses, but stops warrantless ambush-style arrests that would discourage witnesses, victims, and parties from accessing the courts. Shant notes this protects not just undocumented immigrants but American citizens who might fit ICE's racial profiling criteria and would fear entering courthouses. The ruling marks the second time federal courts have upheld sanctuary courthouse policies, following a similar Illinois decision in July, and includes penalties up to $10,000 per incident for violations.

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Guests & Subjects Covered

Brian KabateckShant KarnikianJudge Mae D'AgostinoThe Obama-appointedNew YorkAmendment BrianKabateck LLP CallBluesky Follow Michael Popok

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