The U.S. Department of Justice has filed a civil suit against Franklin County Municipal Court and its presiding judge, challenging a rule that restricts immigration agents from arresting people attending
court proceedings or conducting other court business.
The lawsuit, filed Aug. 25 in the U.S. District Court of the Southern District of Ohio in Columbus, names Judge Jessica D'Varga and Security Director Enoch White as defendants, as well as the municipal court.
The lawsuit seeks to block Local Rule 2.10, a court rule that prevents civil immigration arrests inside or near the courthouse. The suit argues that the rule "brazenly violates" the Supremacy Clause of the U.S. Constitution because immigration enforcement falls under the jurisdiction of the federal government.
“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 A. Shumate of the Justice Department’s Civil Division said in a news release announcing the lawsuit. “Throughout the country, and including in this courthouse specifically, federal agents have routinely and safely conducted arrests. The Department of Justice is committed to protecting that important federal prerogative.”
The complaint argues that local governments lack the authority to regulate how federal agencies perform federal functions. It claims Franklin County Municipal Court Rule 2.10 unlawfully limits immigration enforcement by requiring judicial warrants in situations where federal law does not, imposing restrictions that Congress has the authority to enact but has never adopted.
The suit also states that the rule has impacted how ICE agents conduct their operations. According to the suit, ICE has made no civil immigration arrests at the Franklin County Municipal Court since the rule took effect earlier this year.
The DOJ is asking the federal court to declare Rule 2.10 unconstitutional and unenforceable, issue preliminary and permanent injunctions barring its enforcement, award the federal government its costs and fees, and grant any additional relief deemed appropriate.
Ohio is just one of many states and cities targeted by the Justice Department for what it alleges are illegal policies that restrict federal immigration agents. New York, Virginia, Connecticut, New Jersey, California, and Milwaukee are among others. '
Reporter Shahid Meighan can be reached at smeighan@dispatch.com, at ShahidMeighan on X, and at shahidthereporter.dispatch.com on Bluesky.
This article originally appeared on The Columbus Dispatch: DOJ sues Franklin County Municipal Court over ICE arrest restrictions
