MODEL BILLS

Protect Our Courts Act

Summary: The Protect Our Courts Act prohibits arrests for civil offenses in a state or local courthouse unless the arresting officer shows an arrest warrant or demonstrates that the subject has been convicted of a serious crime. The Protect Our Courts Act also prohibits officers from wearing masks in a courthouse unless it is a medical necessity.

Based on CT HB 8004 (2025), IL SB 2730 (2025), and NY SB 425 (2020)

NOTE: A federal court dismissed a U.S. Department of Justice lawsuit challenging the New York Protect Our Courts Act. Here is the legal argument for the constitutionality of this legislation.

SECTION 1. SHORT TITLE

This Act shall be called the “Protect Our Courts Act.”

SECTION 2. FINDINGS

The legislature finds that:

1. Over the past year, there has been an unprecedented increase in federal immigration arrests in and around our state’s courts, including the arrest of residents who have no criminal record.

2. ICE’s growing presence in the courts has spread well-founded fear, with the result that many residents do not show up for hearings where their presence is needed as parties or witnesses.

3. These courthouse arrests undermine the efficient operation of the state’s courts, causing cases to be interrupted, delayed or permanently derailed.

4. When residents are afraid to appear in court, especially those who are complainants or witnesses to violations of the law, all state residents are made less safe because criminals are set free and dangerous public health or workplace safety conditions are not addressed.

SECTION 3. COURTHOUSE PROTECTIONS

After section XXX, the following new section XXX shall be inserted:

(A) DEFINITIONS—In this section:

1. “Courthouse” means the interior of any facility or property in which a court of this state conducts business.

2. “Courthouse grounds” includes the courthouse and any garage or parking lot owned by the Judicial Branch, or under contract with said branch, for the purpose of serving a courthouse, any walkways or sidewalks on the grounds of, contiguous to or abutting the grounds of the courthouse or connecting such garage or parking lot to the courthouse or grounds of the courthouse.

(B) LIMIT ON CIVIL ARRESTS ON COURTHOUSE GROUNDS

1. No representative of a local, state or federal law enforcement authority shall detain, arrest or otherwise take an individual on courthouse grounds into custody on the basis of a civil offense, unless such representative is acting in the representative’s official capacity and has notified a judicial marshal within the courthouse in which the representative intends to detain, arrest or otherwise take an individual into custody and has provided documentation to the judicial marshal demonstrating that the individual to be detained, arrested or otherwise taken into custody:

(a) is the subject of a judicial warrant, or

(b) has been convicted of a criminal offense which is punishable by more than one year in prison.

2. Any judicial marshal receiving documentation pursuant to this section shall promptly review such documentation in accordance with policies and procedures approved by the [State Supreme Court].

3. This subsection does not apply to a judicial marshal detaining, arresting or otherwise taking an individual into custody.

4. Any violation of this section may be deemed contempt of court and punished in accordance with the provisions of [cite the state law].

5. Any individual aggrieved by a violation of this subsection, or the Attorney General, may bring a civil action for equitable relief or damages in the [Superior Court] and such an action brought for damages may be triable by jury. In any action pursuant to this section, the court may award reasonable attorney’s fees and costs incurred to the prevailing party.

(C) LIMIT ON WEARING MASKS ON COURTHOUSE GROUNDS

1. No individual shall, while carrying out the enforcement of laws of this state, any other state or the United States, wear a mask or other covering that obscures the face of such individual while on courthouse grounds unless medically necessary and with prior authorization of a judicial authority.

2. The Attorney General may bring an action for injunction, declaratory judgment or mandamus against any individual or entity that violates this subsection.

SECTION 4. EFFECTIVE DATE

This law shall become effective on July 1, 20XX.