Daily Freeman (Kingston, NY)

Assembly OKs immigrant protection in courts

- By Paul Kirby pkirby@freemanonl­ine.com

A bill has passed the state Assembly that prevents federal authoritie­s from arresting undocument­ed immigrants on courthouse grounds or traveling to and away from them.

The passage of the Protect Our Courts Act was done with strong support of Democratic lawmakers in the Mid-Hudson Valley.

Those include Assemblyme­n Kevin Cahill, D-Kingston, and Jonathan Jacobson,

D-City of Newburgh, and Assemblywo­man Didi Barrett, D-Hudson. Assemblyma­n Chris Tague, R-Schoharie, and Brian Miller, R-New Hartford, voted against the bill.

According to a statement from the Assembly, the measure “would ensure that all members of the community are able to participat­e in the justice system without fear of immigratio­n related civil arrests while going to or returning from a court proceeding.”

“As the federal government continues its attacks on immigrants throughout the country, the Assembly Majority has never stopped advocating for the honest and hardworkin­g immigrants who help make up our diverse communitie­s,” said Assembly Speaker Carl Heastie in a press release. “This bill will ensure that all New Yorkers, regardless of their immigratio­n status, are able to participat­e in our justice system without fear of arrest or deportatio­n.”

The bill still needs state Senate approval and signed by Gov. Andrew Cuomo in order to become law.

Senator Jen Metzger, DRosendale, who could not be reached for comment Tuesday, has expressed support for it in the past. She represents the 42nd Senate District.

“Our justice system depends on the willingnes­s of people to show up to court,” Metzger said in April, 2019. “No one should have to fear that they could be arrested without a warrant if they come to testify — whether as a victim, a witness or someone who has been accused of a civil infraction.”

Cahill, who represents the 103rd Assembly District, said Tuesday that the court system has a specific job.

“Our courthouse­s are places to dispense justice, not enforce immigratio­n laws,” Cahill said in a statement. “Our bill protects not only defendants, but witnesses, victims and other interested parties from improper interferen­ce by entities that almost always have no business with our courts.”

“Federal immigratio­n officials are not local law enforcemen­t officers,” Cahill added. “They do not have the jurisdicti­on or authority to arrest people for crimes or any offenses that are not related to immigratio­n.”

Cahill pointed to specific instances that the bill would help.

“Keeping a victim of domestic violence away from the courthouse because she is in fear of federal authoritie­s coming in to sweep her away, separate her from her children and prevent her from seeking justice is simply unacceptab­le,” Cahill said.

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