Douglas Keith
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douglaskeith.bsky.social
Douglas Keith
@douglaskeith.bsky.social
@BrennanCenter, focus on courts + state constitutions. Co-founding editor @StateCourtReport. Dad.
Judge D'Agostino's ruling should also make clear to everyone that state laws *can* limit how ICE conducts itself and takes advantage of state resources.

Put another way, states are not powerless when ICE brings chaos to their doorstep.
November 18, 2025 at 3:58 PM
The ruling is first and foremost an important one for people who need to access courts but would understandably be reluctant to do so with federal agents stalking the hallways

www.immigrantdefenseproject.org/wp-content/u...
www.immigrantdefenseproject.org
November 18, 2025 at 3:58 PM
D'Agostino also wrote that striking POCA would "deprive New York of its essential ability to protect its sovereign interests in the face of undue federal interference"

We filed a brief w/ former NY judges on how ICE arrests undermine NY's interest in ensuring courts remain safe and open to all.
United States v. State of New York
The Brennan Center and co-counsel Levine Lee filed an amicus brief on behalf of former New York judges and justices in defense of New York’s Protect Our Courts Act, arguing that ICE’s warrantless civi...
www.brennancenter.org
November 18, 2025 at 3:58 PM
In her decision, Judge D'Agostino rejected both arguments - writing that there is a long standing right against civil arrests when you show up to court and Congress hasn't eliminated that right.

The judge also wrote that states are clearly able to regulate conduct in their own facilities.
November 18, 2025 at 3:58 PM
This summer, the DOJ sued New York State, arguing that the law violates the Supremacy Clause of the US Constitution because Congress has already spoken on the issue and states can't regulate federal officers
November 18, 2025 at 3:58 PM
POCA prohibited any civil immigration arrests of people attending or on their way to court. It also allows the state AG and individuals to sue for damages when their rights under this law are violated. 3/

www.brennancenter.org/our-work/ana...
New York Passes Ban on Immigration Arrests at Courthouses
The legislation continues nationwide momentum to ensure courts are safe and open to all.
www.brennancenter.org
November 18, 2025 at 3:58 PM
First, POCA passed in 2020 in response to chaotic and fear-inducing courthouse scenes that played out under Trump I when ICE started showing up at courts to make arrests.

There was lots of evidence that ICE's presence was making people less likely to access courts, even when they needed them. 2/
November 18, 2025 at 3:58 PM
I expect an appeal, but for now this is an important victory for people who need to access courts to keep themselves safe but have been scared off by federal agents roaming courthouse hallways
November 18, 2025 at 2:01 AM
And "would improperly elevate the concerns of the federal sovereign over that of a State and deprive New York of its essential ability to protect its sovereign interests in the face of undue federal interference."
November 18, 2025 at 2:01 AM
"Invalidating New York's protections against civil immigration arrests of residents participating in state court proceedings and accessing state facilities for state services would mean that state participation in immigration enforcement efforts would no longer be voluntary."
November 18, 2025 at 2:01 AM
Judge D'Agostino: "As the complaint makes abundantly clear, commandeering is the entire purpose of this
lawsuit..."
November 18, 2025 at 2:01 AM
Anyone who comes close to the justice system knows these laws are necessary to ensure the public can safely access courts and to ensure courts can do their jobs.

We helped New York judges file an amicus brief supporting NY's law banning courthouse arrests:
www.brennancenter.org/our-work/res...
United States v. State of New York
The Brennan Center and co-counsel Levine Lee filed an amicus brief on behalf of former New York judges and justices in defense of New York’s Protect Our Courts Act, arguing that ICE’s warrantless civi...
www.brennancenter.org
November 4, 2025 at 9:06 PM
Along those lines, if you want to read more about the actual decisions coming out of state high courts across the country, check us out at @statecourtreport.org 8/

statecourtreport.org/our-work/ana...
Everything You Need to Know About Next Month’s High-Stakes Supreme Court Elections in Pennsylvania
Three justices will face an up or down vote in November, the outcome of which is likely to impact the midterms.
statecourtreport.org
October 30, 2025 at 4:11 PM
State supreme courts are important in our democracy. The public *should* know about these elections. But at a time when that public needs to be confident that judges are capable of holding their allies accountable to the law, it is not great that dark money ads are a primary source of info. 7/
October 30, 2025 at 4:11 PM