A group of Democratic lawmakers from New York, including Representatives Dan Goldman, Adriano Espaillat, and Nydia Velázquez, introduced the Immigration Due Process Protection Act. The legislation aims to limit the ability of U.S. Department of Homeland Security officers to arrest migrants attending federal immigration court proceedings without a judicial warrant. The bill would apply to individuals with active immigration cases who do not have a final removal order, while still permitting arrests in cases involving imminent threats to public safety or national security. According to a statement reported by Gothamist, Goldman criticized the practice of detaining non-violent immigrants immediately following court appearances, noting that it has occurred even when cases remain active.
The bill comes after a study by the University of California, Berkeley’s Deportation Data Project found that more than one-third of individuals arrested by ICE during the first nine months of the second Trump administration had no criminal records, and some arrests even involved U.S. citizens. Representative Adriano Espaillat noted that these arrests may discourage attendance at immigration court, citing reports that a significant number of individuals are not appearing for their hearings, as per CBS News.
DHS Assistant Secretary Tricia McLaughlin argued that the bill is unnecessary, stating that arresting individuals with criminal records at courthouses is a practical measure. According to Gothamist, McLaughlin said the practice helps conserve law enforcement resources and enhances safety for officers and the community.
Amid these developments, New York City Mayor-elect Zohran Mamdani shared a video on social media informing immigrants of their legal rights when approached by ICE officers. In the video, Mamdani explained that individuals can refuse entry to their homes if ICE does not present a judicial warrant. The announcement comes amid recent interactions between ICE agents and protesters, highlighting ongoing discussions about immigration enforcement, as reported by CBS News.
