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WASHINGTON, D.C. — Three prominent members of New York City’s Democratic congressional delegation—Representatives Dan Goldman, Adriano Espaillat, and Nydia Velázquez—have introduced federal legislation aimed at curbing what they describe as aggressive and unconstitutional tactics by U.S. Immigration and Customs Enforcement (ICE) agents at federal courthouses. The proposed bill, the "Immigration Due Process Protection Act," seeks to bar ICE officers from arresting immigrants attending court-ordered appearances or routine check-ins unless they possess a specific judicial warrant.

The legislation is a direct response to a significant policy shift implemented by the federal government in January 2025, which removed many of the restrictions on civil immigration enforcement at or near courthouses previously in place. Critics contend this change has effectively weaponized the judicial system, turning facilities into "arrest traps" that deter individuals from fulfilling their legal obligations.

Data Reveals Scope of Enforcement

The lawmakers cite alarming data published by the University of California at Berkeley’s Deportation Data Project, which analyzed ICE arrests during the first nine months of the current administration (Jan. 20 to Oct. 15, 2025). The study found that out of 220,000 people arrested by ICE agents during this period, nearly 75,000—more than one-third—had no criminal records.

"You cannot sandbag people who are trying to do this the right way," stated Rep. Goldman, emphasizing the violation of due process when individuals who are attempting to follow legal pathways are detained. Rep. Velázquez offered a more stark warning, claiming, "This is not Germany, 1939. This is the United States of America," and arguing that the enforcement tactics are designed to instill fear.

The fear factor appears to be impacting compliance nationwide. Rep. Espaillat claimed that the aggressive enforcement is leading to massive non-attendance in immigration proceedings: "Eighty percent of the people are not showing up. That's what Trump wants. He wants a crisis." Furthermore, Goldman expressed concern that the broad nature of the "immigration dragnet" is leading to the arrest of U.S. citizens who are accompanying friends or family to court.

Widespread Local Resistance

The push for federal reform mirrors a growing conflict between federal authorities and Democratic-led local jurisdictions seeking to protect their immigrant communities. New York City Mayor-elect Zohran Mamdani recently underscored this local resistance by posting an instructional video informing immigrants of their rights, particularly their ability to deny entry to ICE agents who lack a judicial warrant. This local guidance followed a clash between protesters and ICE agents on Canal Street and a federal judge’s ruling that ICE had illegally detained an immigrant woman at LaGuardia Airport.

Similar legislation has already succeeded at the state level. In a move that drew federal pushback from the Department of Homeland Security, Illinois recently enacted a law that bans civil immigration arrests at state courthouses, hospitals, and educational facilities, reflecting a broader strategy among localities to create buffers against the aggressive federal enforcement campaign.

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