Increased ICE arrests in immigration court have left many immigrant New Yorkers feeling fearful of attending other legal proceedings. But, if you’re summoned to respond to a traffic ticket or to resolve an issue in family court, know that there is a law in place that keeps ICE agents away from these areas.
Many people, including immigrants, have to attend court to address their family, criminal-legal or housing issues. The Protect Our Courts Act (POCA) is a law that prevents ICE from making arrests in state, city or municipal courts in New York without a signed judicial warrant.
This guide provides an overview of the Protect Our Courts Act (POCA) and explains what New Yorkers’ rights are in case of ICE interaction in or around state, city, or municipal court houses.
Also Read: Here is Why You Shouldn’t Miss Your Immigration Court Hearing
This information is not a substitute for legal advice from a qualified attorney or accredited representative. The content was last updated March 2026.
Can ICE show up to my court hearing?
New York state has many types of courts. Their role is to uphold the law and help people resolve their issues in a timely and just manner.
While ICE can conduct arrests in federal courthouses, POCA prevents them from conducting arrests without a judicial warrant in state, city, or municipal courthouses throughout the state. That means that legally, ICE cannot conduct arrests without signed permission from a judge.
It’s important to attend your court hearing whether it is a civil or criminal matter.
- If you fail to appear at a criminal hearing, the court could issue a bench warrant for your arrest, which would carry adverse immigration consequences.
- If you fail to appear at a family or housing court hearing, the judge may issue a decision that could negatively affect the outcome of your case.
Examples of state, city, or municipal courts where ICE is banned from making arrests without a judicial warrant include:
- Family Court: These courts hear and issue decisions on custody matters, divorce, child support, among other issues.
- Housing Court: These courts issue decisions on residential disputes between landlords and tenants.
- Small Claims Court: These courts hear and issue decisions on claims for damages up to $10,000.
- Traffic Court: These courts hear and issue decisions on anything from a speeding ticket to other more serious traffic violations.
- Criminal Court: These courts hear and issue decisions on cases where people have been charged with different crimes.
Also Read: What Immigrant Delivery Workers Need To Know About NYPD Tickets and NYC Court
How does the Protect Our Courts Act help New Yorkers?
POCA protects New Yorkers by preventing ICE from:
- Making arrests inside state, city, or municipal courts without a signed judicial warrant
- Making arrests while people are going to or leaving from state, city, and municipal courthouses without a judicial warrant
- Making arrests of anyone participating in court proceedings – for themselves or as support for family or household members appearing in court – without a judicial warrant
The law also gives the New York State Attorney General authorization to file a lawsuit if POCA is violated.
If ICE arrests you or a loved one at or near a state, city, or municipal courthouse without a signed judicial warrant, you can contact your local public defender’s office or consult with an immigration attorney if you are in active removal proceedings.
Also Read: Know Your Rights: ICE in Public Spaces, Subways and Streets
