DOJ sues to block Ohio court from preventing courthouse immigration arrests

The local rule requires federal immigration officers to have a judicial warrant before making immigration arrests at courthouses.(CN) — The Department of Justice is suing an Ohio municipal court over a local rule preventing immigration officers from arresting individuals without a judicial warrant signed by a judge.The municipal court of Franklin County, Ohio, whose borders include the city of Columbus, enacted a rule last year known as local “Rule 2.10” that requires a judicial warrant to arrest someone on or near courthouse grounds.In its lawsuit filed Tuesday, the DOJ claims the rule violates the federal government’s ability to enforce immigration laws and asks a federal court to strike it down.“Rule 2.10 attempts to control federal immigration enforcement and interferes with the relationship between the federal government and aliens who may be subject to arrest and removal under federal law,” the department says in the complaint.The DOJ names Franklin County Municipal Court, Franklin County Municipal Judge Jessica D’Varga and the court’s director of security, Enoch White, as defendants.The federal government says courthouse arrests are essential for officer and public safety, partly because individuals are screened for weapons before entering the courthouse, which helps minimize flight risks.According to the DOJ, two Columbus ICE officers have been hospitalized due to violence within the past three months, but it provided no further details about the incidents in the lawsuit.In its lawsuit, the DOJ also claims arrests by immigration officials do not require a judicial warrant, adding that such a requirement violates the Constitution.“This type of rule obstructs federal law enforcement and facilitates evasion of federal law by dangerous criminal aliens, despite Congress’ 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.”The lawsuit follows the continued pursuit of a 2025 federal government directive seeking to target local jurisdictions over immigration rules and comes soon after a federal judge in a similar case ruled ICE is not allowed to make arrests at immigration courthouses.In that case, U.S. District Judge P. Casey Pitts, a Joe Biden appointee, blocked a set of rules from the Trump administration, claiming it did not follow the proper procedure for the rules to be implemented.A Franklin County Municipal Court spokesperson told Courthouse News the court does not comment on pending litigation.Subscribe to our free newslettersOur weekly newsletter Closing Arguments offers the latest about ongoing trials, major litigation and rulings in courthouses around the U.S. and the world, while the monthly Under the Lights dishes the legal dirt from Hollywood, sports, Big Tech and the arts.Additional Reads