Prosecutors and Public Defenders File Lawsuits to Halt ICE Courthouse Arrests

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A group of legal organizations announced the filing of two lawsuits on Wednesday, claiming that arrests at courthouses by Immigration and Customs Enforcement without a judicial warrant are unconstitutional.

ICE’s courthouse arrests have caused a chilling effect that has scared immigrants out of attending court and is, therefore, a violation of their constitutional rights to access the legal system and New York state law preventing civil arrests at courthouses, the lawsuits claim.

“When ICE targets witnesses and victims for arrests, it deters noncitizens and immigrants from assisting in state and local law enforcement efforts or protecting their own rights in court,” said New York State Attorney General Letitia James said during a press conference announcing the lawsuit in Foley Square.

The Legal Aid Society filed one lawsuit with co-counsel Cleary Gottlieb Steen & Hamilton LLP, which seeks a permanent injunction on the practice. They’re representing a victim of domestic abuse who is afraid to go to court due to ICE’s courthouse arrests.

The New York State Attorney General and Brooklyn District Attorney filed a separate lawsuit that argued the arrests prevent the administration of justice, violate the Administrative Procedures Act and the constitution.

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MEMO: New Tax Law Section 1409 – New Requirements for TP-584 and NYC RPT Forms

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Amy Jasiewicz
Sep 26, 2019 3:22 PM
Amy Jasiewicz
On September 13, 2019, Governor Cuomo signed into law an amendment to Section 1409(a) of the NY Tax Law requiring additional information to be provided upon filing Form TP-584 when the grantor or grantee of a 1-4 family residence, is an LLC.  The new law is effective immediately and requires the identification of the names and business addresses of all members, managers and other authorized persons of the LLC.  The statute goes on to state that if a member, manager or authorized person is itself any type of business entity (not just an LLC) the names and addresses of shareholders, directors, and authorized persons need to be provided until full disclosure of ultimate ownership by natural persons is achieved.  The New York State Department of Taxation and Finance has not yet amended Form TP-584 and we are unsure to what extent the statute will require disclosure in situations where large companies, estates, trusts or the like are among the members, managers or authorized persons.  In any event, it is our understanding that county clerks will immediately being enforcing the law.

Jerry Antetomaso, Esq.
Chair
Real Property Law Section
Evans Fox LLP

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Amy Jasiewicz
New York State Bar Association
Albany NY
(518) 463-3200
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