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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