DOJ sues to stop Ohio court blocking courthouse arrests

The Justice Department sued an Ohio court Tuesday over a new rule blocking federal immigration arrests at or near the courthouse, accusing local officials of unlawfully interfering with federal enforcement and forcing ICE agents to make arrests in potentially riskier settings.

At issue is a Franklin County Municipal Court rule, which bars civil arrests at the courthouse unless officers have a judicial warrant. The DOJ argues the rule conflicts with federal immigration law, which allows ICE agents in certain circumstances to make arrests with administrative warrants or no warrant at all.

“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,” 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.”

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Those arrests can be less predictable and more dangerous because they may take place at homes, workplaces or other public locations, according to the complaint.

Two Columbus ICE officers have been hospitalized after encountering violence during at-large arrests in the past three months, DOJ says. The complaint does not identify the officers or provide details about the incidents.

ICE has also had to conduct longer surveillance and field operations to find people away from the courthouse. The DOJ says an arrest at a jail or courthouse may require two officers, while an arrest in the field typically requires four to six.

The department says courthouses offer a safer, more controlled setting because people entering are generally screened for weapons and other contraband. ICE agents have also coordinated with courthouse security and generally waited until hearings ended before making arrests, according to the complaint.

ICE made at least 12 arrests at Franklin County Municipal Court in recent years before the rule was adopted, DOJ says.

Rule 2.10 prohibits civil arrests of people at the courthouse for a proceeding or other lawful court business, but makes an exception for arrests carried out with a warrant issued by a judge.

This is a developing news story; check back for updates.

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