Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Edward M. Spiro and Christopher B. Harwood Edward M. Spiro and Christopher B. Harwood

More than 500 years ago, English courts developed a common law privilege protecting against civil arrests of parties and witnesses on courthouse premises and when traveling to or from court. This privilege—which was incorporated into American law in the early years of the republic and has remained a part of the common law since—serves two principal purposes: First, it encourages parties and witnesses to appear at court proceedings, and second, it enables courts to function properly by, for example, avoiding adjournments and other disruptions. Recently, however, the U.S. Immigration and Customs Enforcement agency (ICE), in its implementation of a directive to ICE agents promulgated in January 2018 (the Directive), repeatedly has taken action contrary to this privilege. Indeed, in New York state over the last two years, ICE has increased its courthouse civil arrests of undocumented and other aliens by more than 1700 percent.

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 3 articles* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?


Encyclopedia of New York Causes of Action: Elements and DefensesBook

The Encyclopedia of New York Causes of Action: Elements and Defensesis a single volume annual paperback. It is a quick starting point for virtually any civil case contain...

Get More Information

America's Claims Executive (ACE) 2020Event

ACE Leadership Forum & Expo is the annual conference for Senior Claims Executives in Insurance organizations.

Get More Information

Banking Litigation & Regulation Forum 2020Event

Delivers the key insights and practical solutions to acutely address the complex minefield of UK banking litigation & regulation.

Get More Information

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.