Massachusetts state prosecutors from Middlex and Suffolk Counties, public defenders and a community activist organization filed a lawsuit against US Immigration and Customs Enforcement (ICE) Monday over federal immigration officials appropriating Massachusetts courtrooms as places to apprehend immigrants in the country illegally.

The complaint stipulated that ICE has been using Massachusetts state courts, and its surrounding grounds, as “a trap” for federal immigration law enforcement agents to “civilly arrest” parties who must report for state judicial business at the courthouses. Plaintiffs allege ICE has been doing this for two years, at one point even issuing an official directive instructing state court officials to proactively accommodate and comply with federal immigration officials.

Plaintiffs allege that ICE activities impede their respective abilities to prosecute criminals, adequately defend defendants and execute their community missions. The fear of being apprehended by federal immigration officials in state courthouses prevent parties, such as domestic violence victims and exploited workers, from showing up in court to access the justice system.

The plaintiffs allege the following: First, ICE’s directive to Massachusetts courts violates the Administrative Procedure Act under 5 USC § 706(2), and the Immigration and Nationality Act under 8 U.S.C. §§ 1226(a) and 1357(a). Second, plaintiffs argue that Congress never authorized federal agencies to make arrests in courthouses. Third, plaintiffs argue the federal government cannot compel states, like ICE has directed Massachusetts courts, to “implement, by legislation or executive action, federal regulatory programs,” under the Tenth Amendment. Finally, plaintiffs argue ICE’s actions inhibit parties’ Constitutional right of access to the rights, because ICE’ presence makes parties’ too apprehensive to report to court.

Last week a Massachusetts district court judge from Middlesex County was arrested by federal immigration officials for obstruction of justice. The federal indictment alleged the judge conspired with a prosecutor and a public defender to help a person of interest to ICE escape apprehension.