Maryland AG Joins Other States in Defense of New York Law Protecting Courthouses from Civil Arrests

Maryland Attorney General Anthony G. Brown has aligned with a coalition of 22 other state attorneys general to support a New York law designed to enhance public safety within state buildings, particularly courthouses. This joint effort, detailed in an amicus brief filed with the U.S. Court of Appeals for the 2nd Circuit, seeks to uphold a district court’s dismissal of a lawsuit that challenged New York’s Protect Our Courts Act (POCA) and two related executive orders. The lawsuit, initiated by the Trump administration, argued that these New York measures were preempted by federal law and violated principles of intergovernmental immunity.

The Protect Our Courts Act, enacted by New York in 2020, establishes a prohibition on civil arrests within state courthouses, with exceptions only for those backed by a judicial order. This legislation, along with two executive orders that limit civil immigration arrests in state facilities and generally restrict state employees from participating in federal civil immigration enforcement activities unless legally mandated, aims to foster an environment where all individuals feel secure accessing the justice system. The coalition’s amicus brief emphasizes that the law is crucial for ensuring that undocumented immigrants can attend court proceedings, crime victims and witnesses feel safe reporting incidents, families can secure custody protections, and tenants can resolve disputes with landlords before a judge.

The brief elaborates on the historical underpinnings of the Protect Our Courts Act, noting that it aligns with a long-standing common-law privilege that historically shielded individuals from civil arrests while present in courthouses. Such arrests, distinct from criminal charges, are made to ensure a person’s appearance in a civil matter. The participating attorneys general argue that POCA and the associated executive orders represent a rightful exercise of New York’s sovereign authority to manage its public spaces and resources. They contend that these measures are lawful and essential for the effective functioning of the state’s judicial system.

The challenge to these New York laws originated in June 2025 when the Trump administration filed a lawsuit. The administration’s core arguments centered on the claim that the state’s actions were superseded by the federal Immigration and Nationality Act and encroached upon the established balance of authority between federal and state governments. A district court initially dismissed this lawsuit in November 2025, prompting the federal appeal that the coalition is now seeking to defend.

The coalition’s brief argues that New York’s Protect Our Courts Act is consistent with established state statutes that already safeguard courthouses from civil arrests to maintain the integrity and accessibility of the judicial process. Furthermore, the executive orders that form the basis of the law are presented as reasonable measures to delineate the involvement of state officials in civil immigration enforcement. The collective legal filing asserts that empirical evidence supports the efficacy of such protections, demonstrating that when residents feel secure, they are more likely to participate in court proceedings, cooperate with law enforcement, and access essential state services like education and healthcare. Ultimately, the coalition contends that the New York law and executive orders are constitutional and adhere to fundamental principles of federalism, particularly the tenet that the federal government cannot compel states to assist in the enforcement of federal laws.

Attorneys General joining Maryland’s Anthony G. Brown in filing the amicus brief include those from Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaiʻi, Illinois, Maine, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, Virginia, Washington, and Wisconsin.

Article by Mel Anara, based upon information from the Maryland Attorney General’s Office.

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