The U.S. Department of Justice (DOJ) filed a lawsuit on August 25 against the Franklin County Municipal Court in Columbus, Ohio, over a new rule that prohibits civil arrests—including immigration-related arrests—at or near the courthouse.
The DOJ’s complaint names Franklin County Municipal Court Director of Security Enoch White and Administrative and Presiding Judge Jessica D’Varga as defendants. The lawsuit alleges the rule violates federal immigration law and the Supremacy Clause of the U.S. Constitution by obstructing federal enforcement authority.
Key Legal Arguments
The DOJ argues the rule conflicts with the Immigration and Nationality Act (INA), which grants the federal government broad authority over immigration enforcement, including arrests and deportations. Under the Supremacy Clause, federal law supersedes state and local regulations. The DOJ contends the rule “brazenly violates” these provisions by attempting to regulate federal immigration actions.
The lawsuit states that courthouse arrests of criminal aliens are critical for officer safety, operational effectiveness, and community protection. Federal agents typically target individuals with gang affiliations, prior criminal convictions, or national security threats in such settings. The DOJ also notes that courthouses provide a controlled environment, as visitors are screened for weapons before entry, reducing risks during arrests.
DOJ’s Stance on Enforcement Risks
The DOJ asserts that blocking arrests at courthouses forces Immigration and Customs Enforcement (ICE) agents to conduct operations in less predictable and more dangerous locations, such as homes or workplaces. The complaint cites two Columbus ICE officers hospitalized in the past three months after encountering violence during at-large arrests. Additionally, the DOJ claims field arrests require more personnel—typically four to six officers—compared to two officers for courthouse arrests.
Assistant Attorney General Brett A. Shumate of the DOJ’s Civil Division stated: “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.”
Franklin County’s Rule Explained
The Franklin County Municipal Court’s rule bars civil arrests at the courthouse unless officers possess a judicial warrant. The DOJ argues this restriction undermines federal immigration enforcement, which allows ICE agents to make arrests under certain circumstances without a warrant or with an administrative warrant.
Broader Implications
The lawsuit reflects a growing tension between federal immigration enforcement and local jurisdictions implementing “sanctuary” policies or restrictions on courthouse arrests. Similar disputes have arisen in other states, with federal authorities asserting that such rules impede their ability to detain individuals wanted for immigration violations.
The DOJ’s legal challenge underscores its commitment to upholding federal immigration authority, as outlined in a statement from DOJ Associate Attorney General Stanley Woodward Jr.: “No more. This Department of Justice will not sit idly by while state and local government seek to undermine federal immigration enforcement.”