
"Picking people up at a courthouse can have a "potential chilling effect" on witnesses, victims and even suspects who are afraid to show up for court, California Supreme Court Chief Justice Patricia Guerrero said earlier this summer. "Making courthouses a focus of immigration enforcement hinders, rather than helps, the administration of justice by deterring witnesses and victims from coming forward and discouraging individuals from asserting their rights," Guerrero said."
"By waiting outside the courthouse, immigration agents appear to be complying with California law, though it's unclear whether the word "courthouse" in the law includes the grounds outside the courthouse. Attorney General Rob Bonta's office wouldn't provide what it a spokesperson called "legal analysis" of those actions when CalMatters asked about them. But at least one immigration enforcement action was a clear violation of state law. In Butte County, immigration enforcement agents conducted an operation inside the county's Oroville courthouse on July 28."
""As far as the court is aware, ICE had not conducted enforcement actions inside one of its courthouses prior to Monday, July 28th," Butte County Superior Court executive officer Sharif Elmallah said in a statement. "The court is concerned by the potential chilling effect and other potential adverse impacts on participation in the legal system that may occur due to these enforcement actions being conducted in and around courthouses.""
Picking people up at a courthouse can have a potential chilling effect on witnesses, victims and suspects who fear attending court. Making courthouses a focus of immigration enforcement deters witnesses and victims from coming forward and discourages individuals from asserting their rights. Immigration agents waiting outside courthouses appear to be complying with California law, but ambiguity exists about whether statutory protections cover courthouse grounds. At least one operation inside the Oroville courthouse on July 28 violated state law forbidding civil arrests in courthouses while attending proceedings or conducting legal business. Local courts express concern about reduced participation in the legal system and uncertainty about enforcement authority and guidance.
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