Judge tosses DoJ lawsuit challenging a New York law barring immigration agents from state courts

ALBANY, N.Y. (AP) — A judge has dismissed a Trump administration legal challenge to New York policies that block immigration officials from arresting people at state courthouses, saying the federal government can't force states to cooperate with those enforcement efforts.

U.S. District Judge Mae D'Agostino late Monday granted New York's motion to dismiss the government's lawsuit, one of several legal actions from the Republican administration targeting state and local policies over immigration enforcement.

The lawsuit challenged a 2020 state law banning federal immigration officials from arresting people who are coming and going from New York courthouses or in court for proceedings unless they have a warrant signed by a judge. The law, called the Protect Our Courts Act, was approved in response to enforcement actions at courthouses during President Donald Trump's first term.

In its lawsuit, the Department of Justice claimed that the New York law and two related state executive orders were unconstitutional because they obstructed the execution of federal immigration authorities.

D’Agostino, though, found that New York's decision not to participate in enforcing civil immigration law is protected by the 10th Amendment, which sets boundaries on the federal government's powers.

“Fundamentally, the United States fails to identify any federal law mandating that state and local officials generally assist or cooperate with federal immigration enforcement efforts. Nor could it," the judge wrote. "No such federal laws exist because the Tenth Amendment prohibits Congress from conscripting state and local officials and resources to assist with federal regulatory schemes, like immigration enforcement.”

The Justice Department didn't immediately respond to a Tuesday email seeking comment about the ruling, including whether it plans to appeal.