The United States government today filed a lawsuit against the State of New York, Governor Kathleen Hochul, and Attorney General Letitia A. James, seeking to overturn state laws and executive orders that the federal government claims are obstructing federal immigration enforcement efforts.
The complaint, filed in the U.S. District Court for the Northern District of New York (Albany Division), alleges that New York’s “Protect Our Courts Act” (POCA) and Executive Orders 170 and 170.1 violate the Supremacy Clause of the U.S. Constitution.
The lawsuit, spearheaded by Assistant Attorney General Brett A. Shumate of the Civil Division, along with the U.S. Attorney for the Northern District of New York John A. Sarcone III, argues that New York’s enactments create “intolerable obstacles to federal immigration enforcement” and “directly regulate and discriminate against the Federal Government.”
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At the heart of the dispute are New York’s measures that restrict federal immigration arrests in or near courthouses and other state facilities, and limit information sharing between state and federal officials regarding immigration status.
The complaint highlights the federal government’s perspective that conducting arrests at or near courthouses can reduce flight and safety risks, as individuals are often screened for weapons. It contrasts this with New York’s POCA, which “purports to block civil immigration arrests and shield aliens, including those subject to lawful detention and removal orders, while they attend or travel to or from New York court proceedings.” The POCA also broadly defines protected individuals, including family or household members, and imposes criminal and civil penalties for violations.
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Furthermore, the lawsuit challenges Executive Orders 170 and 170.1, which prohibit state employees from sharing information with federal immigration authorities for civil immigration enforcement purposes unless required by law. The federal government argues that these orders intentionally obstruct crucial information sharing, “thereby impairing federal agents’ apprehension of dangerous criminals.”
The U.S. Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) issued new guidelines on January 20-31, 2025, providing for civil immigration enforcement actions at or near courthouses, following President Trump’s declaration of a national emergency at the Southern border. These guidelines emphasize discretion and a case-by-case approach.
The complaint asserts three claims for relief:
- Violation of the Supremacy Clause (Preemption): The federal government argues that New York’s laws “stand as an obstacle to the accomplishment and execution” of federal immigration laws.
- Violation of the Supremacy Clause (Unlawful Regulation of the Federal Government): The lawsuit contends that New York’s enactments unlawfully regulate federal activities by dictating where federal agents can effectuate arrests and demanding judicial warrants where administrative warrants are authorized by Congress.
- Violation of the Supremacy Clause (Unlawful Discrimination Against the Federal Government): The U.S. argues that New York’s executive orders discriminate against federal immigration authorities by singling them out for disfavored treatment in information sharing.
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The United States is seeking a judgment declaring New York’s POCA and Executive Orders 170 and 170.1 unlawful and unenforceable, along with a permanent injunction barring their enforcement.
New York officials have previously stated that the POCA was enacted to protect immigrants from warrantless ICE arrests and to safeguard the integrity of the judicial system. As of press time, New York’s Governor Hochul and Attorney General James have not publicly responded to the lawsuit.
This legal challenge sets the stage for a significant showdown between state and federal authority over immigration enforcement policies.
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