DOJ sues to stop Ohio court blocking courthouse arrests

The Justice Department sued an Ohio court Tuesday over a new rule blocking federal immigration arrests at or near the courthouse, accusing local officials of unlawfully interfering with federal enforcement and forcing ICE agents to make arrests in potentially riskier settings.

At issue is a Franklin County Municipal Court rule, which bars civil arrests at the courthouse unless officers have a judicial warrant. The DOJ argues the rule conflicts with federal immigration law, which allows ICE agents in certain circumstances to make arrests with administrative warrants or no warrant at all.

“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,” said Assistant Attorney General Brett A. Shumate of the Justice Department’s Civil Division. “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.”

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Those arrests can be less predictable and more dangerous because they may take place at homes, workplaces or other public locations, according to the complaint.

Two Columbus ICE officers have been hospitalized after encountering violence during at-large arrests in the past three months, DOJ says. The complaint does not identify the officers or provide details about the incidents.

ICE has also had to conduct longer surveillance and field operations to find people away from the courthouse. The DOJ says an arrest at a jail or courthouse may require two officers, while an arrest in the field typically requires four to six.

The department says courthouses offer a safer, more controlled setting because people entering are generally screened for weapons and other contraband. ICE agents have also coordinated with courthouse security and generally waited until hearings ended before making arrests, according to the complaint.

ICE made at least 12 arrests at Franklin County Municipal Court in recent years before the rule was adopted, DOJ says.

Rule 2.10 prohibits civil arrests of people at the courthouse for a proceeding or other lawful court business, but makes an exception for arrests carried out with a warrant issued by a judge.

The court began discussing changes in January amid pressure to prevent ICE from making civil arrests there, according to the complaint. The proposed rule was published for public comment in March and later adopted.

The rule says “the administration of justice … cannot be impeded by the other branches of the government” and that it should not be interpreted to violate the Constitution’s Supremacy Clause or federal immigration law.

DOJ argues it does both.

Federal immigration law allows ICE agents to make certain arrests using administrative warrants issued by federal immigration officials rather than judges. Agents can also make warrantless arrests in some circumstances, including when they have reason to believe someone is in the country illegally and is likely to escape before a warrant can be obtained.

DOJ says the Ohio court cannot impose a judicial-warrant requirement where federal law does not require one.

The lawsuit argues the rule violates the Constitution’s Supremacy Clause by improperly regulating the federal government and conflicting with federal immigration law.

DOJ is asking a federal judge to declare Rule 2.10 unlawful and block the court from enforcing it against federal officers.

The lawsuit names Franklin County Municipal Court, Administrative and Presiding Judge Jessica D’Varga and court security director Enoch White as defendants in their official capacities.