NEW YORK STATE ASSEMBLY

February 5, 2019

Kirstjen M. Nielsen
Secretary of the Department of Homeland Security
U.S. Department of Homeland Security
245 Murray Lane SW
Washington, DC 20528

Dear Secretary Nielsen:

The increasingly aggressive actions of Immigration and Customs Enforcement (ICE) agents over the past year,
especially in New York State courthouses, has raised serious concerns in our districts throughout New York,
including in our immigrant communities, and threatens to sow distrust in the relationship among our constituents
and state and local law enforcement. The aggressive behavior and nature of ICE’s recent activities exhibits a lack
of respect for fairness and for due process and other rights afforded under the New York and United States
Constitution.

A recent report by the Immigrant Defense Project (IDP) noted that ICE courthouse arrests in New York State
have increased 1,700% since 2016 (NY Daily News, “ICE Arrests of Undocumented Immigrants at NY
Courthouses Increase Again in 2018: Report,” Jan. 27, 2019). While a majority of these courthouse arrests have
occurred in New York City, a substantial number were reported last year across upstate New York. Researchers
noted that this data was mostly provided voluntarily by the local immigration attorneys and advocates working on
these cases, severely limiting the scope of available data and information utilized in analyzing ICE’s activities.

The presence of ICE agents in New York’s courthouses and elsewhere poses a significant threat to the
relationship between our immigrant communities and local law enforcement. It discourages immigrants,
documented or undocumented, from appearing in court in civil, traffic, Family Court and criminal matters and
interacting with state agencies.

Another example of aggressive ICE behavior is the agency’s capricious actions in routine ICE check-ins, such as
the recent detention of local Albany resident Kinimo Ngoran at an ICE field office in Latham, New York (Albany
Times Union: “Community Rallies Behind ICE-Detained Albany Mission Chef,” January 29, 2019). Mr. Ngoran
lawfully sought asylum and had been in regular, direct contact with your agents impeccably for over a decade.
He is married to an American citizen, is currently in the application process for a green card, and has been
reliably employed with a sponsor, contributing to the local community. The unwarranted deportation proceedings
against Mr. Ngoran and his inappropriate and arbitrary arrest underscore the nature and intent of ICE’s recent
activities and behavior, not just in New York, but nationally.

In January 2018, your agency issued a directive ordering ICE agents to ‘…generally avoid enforcement actions in
courthouses, or areas within courthouses that are dedicated to non-criminal proceedings.’ (U.S. Immigration and
Customs Enforcement Directive # 11072.1: Civil Immigration Enforcement Actions Inside Courthouses, Jan 10,
2018). Since then, it is clear that your agency has chosen to abandon that policy. ICE agents’ pattern of
aggressive, fear-inducing actions and behavior illustrate this growing issue. We respectfully request your urgent
attention to this matter and that you end these arbitrary arrests by adding courthouses to the “sensitive place” list,
to ensure that the right of all New Yorkers to access the courts is respected and protected.
Sincerely,

Patricia Fahy Michaelle C. Solages

Member of Assembly Member of Assembly

ASSEMBLYMEMBER PATRICIA FAHY ASSEMBLYMEMBER MICHAELLE C. SOLAGES

Room 452, Legislative Office Building, Albany, New York 12248 • 518-455-4178, Room 619, Legislative Office Building, Albany, New York 12248 • 518-455-4465,
FAX: 518-455-5737 EMAIL: fahyp@assembly.state.ny.us FAX: 518-455-5560 EMAIL: solagesm@assembly.state.ny.us
CC: NYS Assembly Speaker Carl E. Heastie
NYS Governor Andrew M. Cuomo
Senator Kirsten Gillibrand
Senate Minority Leader Charles E. Schumer
President Donald Trump _________________________________
State Senator Neil D. Breslin

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Member of Assembly John McDonald Member of Assembly Karina Reyes

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Member of Assembly Michael Miller Member of Assembly Nily Rozic

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Member of Assembly Andrew Hevesi Member of Assembly Linda Rosenthal

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Member of Assembly Gary Pretlow Member of Assembly William Colton

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Member of Assembly Rebecca Seawright Member of Assembly Joseph Lentol

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Member of Assembly Anthony D’Urso Member of Assembly Aravella Simotas

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Member of Assembly Cathy Nolan Member of Assembly Michael DenDekker

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Member of Assembly Kenneth Zebrowski Member of Assembly Felix Ortiz
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Member of Assembly Amy Paulin Member of Assembly Nathalia Fernandez

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Member of Assembly Deborah Glick Member of Assembly Ellen Jaffee

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Member of Assembly David Weprin Member of Assembly Yuh-Line Niou

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Member of Assembly Latrice Walker Member of Assembly Harvey Epstein

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Member of Assembly Jo Ann Simon Member of Assembly Catalina Cruz

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Member of Assembly Mathylde Frontus Member of Assembly Carmen De La Rosa

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Member of Assembly Steven Otis Member of Assembly Helen Weinstein

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Member of Assembly Diana Richardson Member of Assembly Jonathan Jacobson

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Member of Assembly Donna Lupardo Member of Assembly Charles Fall

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Member of Assembly Robert Rodriguez Member of Assembly Al Taylor