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Case Name Doe v. U.S. Immigration and Customs Enforcement IM-NY-0075
Docket / Court 1:19-cv-08892-AJN ( S.D.N.Y. )
State/Territory New York
Case Type(s) Immigration and/or the Border
Attorney Organization Legal Services/Legal Aid
Case Summary
This is an access to courts case to stop U.S. Immigration and Customs Enforcement (ICE) from making arrests at courthouses without warrants. More information about a similar challenge to ICE’s courthouse arrest policy is available here ... read more >
This is an access to courts case to stop U.S. Immigration and Customs Enforcement (ICE) from making arrests at courthouses without warrants. More information about a similar challenge to ICE’s courthouse arrest policy is available here.

A dual Venezuelan-Spanish citizen who had lived in New York City for four years without lawful immigration status together with immigrant advocacy organizations including Make the Road New York, the Urban Justice Center, the Sanctuary for Families, The Door, and New York Immigration Coalition filed this lawsuit in the U.S. District Court for the Southern District of New York on September 25, 2019. Represented by private counsel, the plaintiffs sued ICE, the U.S. Department of Homeland Security, and several executive branch officials under the Administrative Procedure Act (5 U.S.C. § 551 et seq.) and state law. The plaintiffs alleged that ICE’s policy of surveilling and arresting individuals without judicial warrants at courthouses was arbitrary and capricious and violated the First, Fifth, and Sixth Amendments to the U.S. Constitution as well as state common law. They sought declaratory relief, a permanent injunction against the policy, and an order setting aside the policy.

Specifically, the individual plaintiff alleged that he needed a protective order against a former abusive partner but had not filed in family court because he feared arrest by ICE when appearing in court. The organizational plaintiffs claimed they had to expend time and resources training staff on how to manage ICE's courthouse arrests that could have been spent addressing substantive legal issues.

The defendants moved to dismiss the case, and Judge Alison J. Nathan heard oral arguments on the motion to dismiss on February 12, 2020. On September 28, 2020, Judge Nathan denied the defendants' motion to dismiss except as to the plaintiff's Sixth Amendment claim. 490 F.Supp.3d 672. Notably, Judge Nathan held that both the individual and organizational plaintiffs had standing and that the agency decision was ripe for action. Judge Nathan also held that a common law privilege against civil courthouse arrests exists at New York common law and that the Immigration and Nationality Act (INA) did not preempt this common law privilege. Judge Nathan dismissed the Sixth Amendment claim because the right of access to the courts that the plaintiffs were asserting is not grounded in the Sixth Amendment; it is grounded in the First and Fifth Amendments.

The case is ongoing.

Caitlin Kierum - 03/21/2020
Casey D'Alesandro - 04/11/2021


compress summary

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Issues and Causes of Action
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Issues
Constitutional Clause
Assistance of counsel (6th Amendment)
Due Process
Due Process: Procedural Due Process
Due Process: Substantive Due Process
Petitions clause
Defendant-type
Law-enforcement
General
Access to lawyers or judicial system
Immigration/Border
Constitutional rights
Detention - procedures
ICE/DHS/INS raid
Immigration lawyers
Undocumented immigrants - rights and duties
Plaintiff Type
Non-profit NON-religious organization
Private Plaintiff
Causes of Action Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Ex parte Young (federal or state officials)
State law
Defendant(s) U.S. Department of Homeland Security
Plaintiff Description Undocumented immigrant and advocacy organizations.
Indexed Lawyer Organizations Legal Services/Legal Aid
Class action status sought No
Class action status granted Moot
Filed Pro Se No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Filed 09/25/2019
Case Ongoing Yes
Case Listing IM-NY-0071 : New York v. U.S. Immigration and Customs Enforcement (S.D.N.Y.)
Additional Resources
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  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
Court Docket(s)
S.D.N.Y.
03/04/2021
1:19-cv-08892-AJN
IM-NY-0075-9000.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
S.D.N.Y.
09/25/2019
Complaint for Declaratory and Injunctive Relief [ECF# 1]
IM-NY-0075-0001.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
S.D.N.Y.
09/28/2020
Opinion & Order [ECF# 121] (490 F.Supp.3d 672)
IM-NY-0075-0002.pdf | WESTLAW| LEXIS | Detail
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Cott, James Court not on record [Magistrate] show/hide docs
IM-NY-0075-9000
Nathan, Alison Julie (S.D.N.Y.) show/hide docs
IM-NY-0075-0002 | IM-NY-0075-9000
Plaintiff's Lawyers Blackman, Jonathan I (New York) show/hide docs
IM-NY-0075-0001 | IM-NY-0075-9000
Cameron, Susan Joan (New York) show/hide docs
IM-NY-0075-0001 | IM-NY-0075-9000
Goldiner, Judith (New York) show/hide docs
IM-NY-0075-0001
Hill, Jack Lee (New York) show/hide docs
IM-NY-0075-0001 | IM-NY-0075-9000
Holder, Adriene L. (New York) show/hide docs
IM-NY-0075-0001
Joshi, Vishakha (New York) show/hide docs
IM-NY-0075-0001 | IM-NY-0075-9000
Riff, Adam Joseph (New York) show/hide docs
IM-NY-0075-9000
Sabel, Janet E. (New York) show/hide docs
IM-NY-0075-0001
Shafiqullah, Hasan (New York) show/hide docs
IM-NY-0075-0001 | IM-NY-0075-9000
Stern, Rikki S. (New York) show/hide docs
IM-NY-0075-0001 | IM-NY-0075-9000
Thompson, Jessica (New York) show/hide docs
IM-NY-0075-0001
Toson, Lilia (New York) show/hide docs
IM-NY-0075-9000
Welber, Susan (New York) show/hide docs
IM-NY-0075-0001 | IM-NY-0075-9000
Defendant's Lawyers Friedman, Rebecca Ruth (New York) show/hide docs
IM-NY-0075-9000
Onozawa, Tomoko (New York) show/hide docs
IM-NY-0075-9000
Other Lawyers Lawson, Theresa Dawn (New York) show/hide docs
IM-NY-0075-9000
Sutherland, Brian A. (California) show/hide docs
IM-NY-0075-9000

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