U.S. Justice Department Sues Ohio Court Over Rule Blocking Immigration Arrests Near Courthouse
U.S. Justice Department Sues Ohio Court Over Rule Blocking Immigration Arrests Near Courthouse
The Justice Department is challenging Rule 2.10, which it says unlawfully prevents federal officials from arresting “aliens” at or around the courthouse and seeks to impose criminal and civil liability for violations.
The United States Department of Justice has sued an Ohio court over a new rule restricting federal immigration authorities from arresting migrants at or near the courthouse.
The lawsuit, filed Tuesday, targets the Franklin County Municipal Court in Columbus, Ohio, as well as its Administrative and Presiding Judge and Director of Security.
The Justice Department is challenging Rule 2.10, which it says unlawfully prevents federal officials from arresting “aliens” at or around the courthouse and seeks to impose criminal and civil liability for violations.
According to the department, the rule amounts to an unlawful attempt by a local court to regulate the activities of the federal government and could undermine the safety and effectiveness of federal law enforcement operations.
The department argued that courthouses can provide relatively secure environments for arrests because of security screening and the presence of law enforcement officers.
“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,” Associate Attorney General Stanley E. Woodward Jr. said.
“No more. This Department of Justice will not sit idly by while state and local government seek to undermine federal immigration enforcement,” he added.
The department said conducting arrests at or near courthouses can reduce the risk of suspects fleeing and limit potential safety risks to members of the public, law enforcement officers and the people being arrested.
It argued that the Ohio court’s rule instead seeks to eliminate what it described as safe locations for federal officers to carry out arrests.
“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,” Assistant Attorney General Brett A. Shumate of the Justice Department’s Civil Division 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,” Shumate added.
The lawsuit is part of a broader effort by the Justice Department to challenge state and local laws and policies that it says interfere with federal immigration enforcement.
According to the department, Attorney General Blanche has directed its Civil Division to identify state and local laws, policies and practices that facilitate violations of federal law or impede lawful federal operations.
The department said Tuesday’s lawsuit is the latest in a series of legal actions targeting policies it considers efforts to obstruct federal law enforcement.
Similar lawsuits have been filed against jurisdictions in New York, Virginia, Connecticut, New Jersey, California, Milwaukee and Philadelphia.
The Justice Department is seeking to have the Ohio court’s Rule 2.10 declared unlawful and blocked from taking effect.
