The U.S. Department of Justice filed a federal lawsuit on Tuesday against the Franklin County Municipal Court, its administrative and presiding judge, and its director of security, challenging a local rule that prohibits federal agents from making civil immigration arrests inside or immediately outside the facility.
The civil complaint, filed in the U.S. District Court for the Southern District of Ohio, targets Local Rule 2.10. The court rule states that individuals attending court proceedings or conducting lawful court business cannot be subjected to a civil arrest on courthouse property, unless officers carry a judicial warrant signed by a judge.
The lawsuit names the Franklin County Municipal Court, Administrative and Presiding Judge Jessica D’Varga, and Director of Security Enoch White in their official capacities.
Federal prosecutors argue that Rule 2.10 violates the Supremacy Clause of the U.S. Constitution under both the doctrine of intergovernmental immunity and federal preemption. According to the complaint, federal immigration law permits U.S. Immigration and Customs Enforcement (ICE) agents to execute arrests based on administrative warrants issued by the Department of Homeland Security or, in certain emergency scenarios, without a warrant.
“Today the Department sued yet another local entity that seeks to thwart the will of Congress by regulating when and where Federal law enforcement does its job, all in the name of protecting criminal aliens who violate our Nation’s laws,” said Associate Attorney General Stanley E. Woodward, Jr. “No more. This Department of Justice will not sit idly by while state and local government seek to undermine federal immigration enforcement.”
Assistant Attorney General Brett A. Shumate of the Justice Department’s Civil Division also criticized the local restriction.
“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,” Shumate said. “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 contends that courthouses offer controlled environments equipped with security screenings, which help minimize flight risks and physical danger to officers, targets, and the general public. The complaint notes that ICE has made zero civil arrests at the municipal court since the rule was adopted, forcing the agency to conduct at-large apprehensions in public spaces such as homes and workplaces.
According to the filing, conducting operations outside secure facilities requires higher staffing levels, additional surveillance equipment, and greater operational expense. The lawsuit also states that two Columbus ICE officers were hospitalized over the past three months due to violence encountered during field arrests.
When the court initially considered the measure earlier this year, Judge D’Varga indicated to reporters that the municipal bench maintained compliance with state and federal laws. The rule’s adopted text includes a purpose statement affirming that courts maintain inherent authority to secure judicial proceedings, alongside a disclaimer stating the rule should not be construed to violate the Supremacy Clause.
Attorney General Blanche has directed the Civil Division to review and challenge local and state measures nationwide that impede federal operations. The Justice Department indicated the Ohio action is part of an ongoing series of lawsuits involving jurisdictions in New York, Virginia, Connecticut, New Jersey, California, Milwaukee, and Philadelphia.
The federal government is asking the court to declare Rule 2.10 unlawful and enter a preliminary and permanent injunction barring the Franklin County court from enforcing the policy against federal officers.
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