Justice Department sues Franklin County court over restrictions on ICE arrests

The U.S. Department of Justice is suing Franklin County Municipal Court over a rule restricting federal immigration arrests at or near the courthouse, arguing the policy unlawfully interferes with federal immigration enforcement.

The Justice Department filed the lawsuit Tuesday in the U.S. District Court for the Southern District of Ohio against the municipal court, Administrative and Presiding Judge Jessica D’Varga and court Security Director Enoch White.

The lawsuit challenges Local Rule 2.10, which generally prohibits civil arrests at or near the courthouse without a judicial warrant. The Franklin County Municipal Court adopted the rule in April following concerns over immigration arrests at the courthouse.

Federal attorneys argue the rule violates the Supremacy Clause of the U.S. Constitution by attempting to regulate how federal officers carry out federal immigration law.

The Justice Department is asking the court to declare the rule unconstitutional and unenforceable and issue preliminary and permanent injunctions preventing court officials from enforcing it. Federal officials also argue the judicial warrant requirement conflicts with federal immigration law, which allows immigration officers to make certain arrests without a judicial warrant.

“This type of rule obstructs federal law enforcement and facilitates evasion of federal law by dangerous criminal aliens, despite Congress’s direction that federal agents detain and remove them,” Assistant Attorney General Brett Shumate of the Justice Department’s Civil Division said in a statement.

“Throughout the country, and including in this courthouse specifically, federal agents have routinely and safely conducted arrests,” Shumate added. “The Department of Justice is committed to protecting that important federal prerogative.”

The federal government also argues courthouse arrests can be safer than attempting to locate and arrest the same individuals elsewhere because of security screenings already in place at courthouses.

According to the lawsuit, ICE has not made a civil immigration arrest at Franklin County Municipal Court since Rule 2.10 took effect.

Federal attorneys said the restriction has forced agents to devote additional resources to arrests elsewhere and alleged two Columbus ICE officers have been hospitalized following violence during arrests outside the courthouse in the past three months.

The Justice Department did not provide additional details about those incidents in its announcement.

“Today the Department sued yet another local entity that seeks to thwart the will of Congress by regulating when and where Federal law enforcement does its job,” Associate Attorney General Stanley Woodward Jr. said. “No more. This Department of Justice will not sit idly by while state and local government seek to undermine federal immigration enforcement.”

The municipal court adopted Rule 2.10 after ICE arrests at the courthouse drew criticism last year. Court officials argued the restriction was necessary to protect the independence of the judiciary and ensure people could exercise their rights in court without interference from another branch of government.

A Franklin County Municipal Court spokesperson told NBC4 the court had no comment on the lawsuit.

The Justice Department said ICE agents have made at least 12 arrests at the courthouse in recent years. The department has filed similar legal challenges against state and local restrictions on federal immigration enforcement elsewhere in the country.

The Franklin County lawsuit is part of a broader Justice Department effort challenging state and local policies it argues interfere with federal immigration enforcement. It comes as federal immigration enforcement has also increased elsewhere in Ohio.

As Ohio.News previously reported, ICE has been conducting targeted enforcement in Springfield following the expiration of Temporary Protected Status for Haitians. A local Haitian organization reported last week that at least 29 migrants had been detained, although federal officials did not independently confirm that figure.

In a statement previously provided to Ohio.News, a Department of Homeland Security spokesperson said federal immigration enforcement is taking place nationwide and defended the administration’s approach.

“Every day, DHS is conducting law enforcement activities across the country to keep Americans safe,” the spokesperson said.