Politics
Justice Department sues Ohio court over rule restricting courthouse immigration arrests
Federal prosecutors argue a local municipal court rule requiring judicial warrants for civil arrests violates federal law and the Supremacy Clause.
The short version
- The U.S. Department of Justice filed a federal lawsuit against the Franklin County Municipal Court in Ohio over its new Rule 2.10.
- The local rule prohibits civil immigration arrests at or near the courthouse without a warrant issued by a judge.
- Federal officials claim the rule unconstitutionally obstructs immigration enforcement and forces ICE agents into riskier at-large field arrests.
- The lawsuit asks a federal judge to declare the court's policy unlawful and block its enforcement against federal agents.
Key facts
- The Justice Department filed a lawsuit targeting Franklin County Municipal Court, Administrative and Presiding Judge Jessica D’Varga, and court security director Enoch White.[Fox News]
- The court's Rule 2.10 bars civil arrests of individuals present for court business unless officers possess a judicial warrant.[Fox News]
- Federal immigration law permits agents in specific situations to execute arrests using administrative warrants or without a warrant.[Fox News]
- The lawsuit contends that Rule 2.10 violates the U.S. Constitution's Supremacy Clause by conflicting with federal immigration enforcement powers.[Fox News]
- According to the complaint, ICE conducted at least 12 arrests at the Franklin County courthouse in recent years prior to the rule's adoption.[Fox News]
What remains uncertain
- The Justice Department claims two Columbus ICE officers were recently hospitalized after violent encounters during field arrests, but the complaint does not provide specifics or identify the officers involved.[Fox News]
Sources
- DOJ sues to stop Ohio court blocking courthouse arrestsFox News - Politics