Justice Department Files Lawsuit Against Ohio Court Over Immigration Arrest Rule

<p>The Justice Department filed a lawsuit against an Ohio court on August 25, 2026, regarding a new rule that prohibits federal immigration arrests at or near the courthouse. The DOJ claims that local officials are unlawfully interfering with federal enforcement, which forces ICE agents to conduct arrests in potentially riskier environments.</p><p>The rule in question, established by the Franklin County Municipal Court, restricts civil arrests at the courthouse unless officers possess a judicial warrant. The DOJ argues that this rule conflicts with federal immigration law, which permits ICE agents to make arrests under certain circumstances with administrative warrants or without a warrant.</p><p>Assistant Attorney General Brett A. Shumate 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." He emphasized that federal agents have historically conducted arrests safely in courthouses.</p><p>The DOJ's complaint indicates that arrests outside the courthouse can be less predictable and more dangerous, as they may occur at homes, workplaces, or other public locations. The complaint cites that two Columbus ICE officers have been hospitalized due to violence encountered during at-large arrests in the past three months, although it does not provide further details about these incidents.</p><p>Furthermore, the DOJ notes that ICE has had to extend surveillance and field operations to locate individuals away from the courthouse. The department claims that an arrest at a jail or courthouse typically requires two officers, while field arrests usually necessitate four to six officers.</p><p>The DOJ argues that courthouses provide a safer environment for arrests, as individuals entering are generally screened for weapons and contraband. ICE agents have coordinated with courthouse security and typically wait until hearings conclude before making arrests, according to the complaint.</p><p>Prior to the adoption of the rule, ICE made at least 12 arrests at Franklin County Municipal Court in recent years. The rule, designated as Rule 2.10, prohibits civil arrests of individuals at the courthouse for court proceedings or other lawful business, except for those conducted with a judicial warrant.</p><p>The court began discussing the changes to the rule in January amid pressure to prevent ICE from making civil arrests there. The proposed rule was published for public comment in March before being adopted.</p><p>The rule states that "the administration of justice … cannot be impeded by the other branches of the government" and asserts it should not be interpreted as violating the Constitution’s Supremacy Clause or federal immigration law. The DOJ contends that it does violate both.</p><p>Federal immigration law allows ICE agents to make certain arrests using administrative warrants issued by federal immigration officials and permits warrantless arrests in specific situations, including when agents have reason to believe an individual is in the country illegally and may flee before a warrant can be obtained.</p><p>The DOJ argues that the Ohio court cannot impose a judicial-warrant requirement where federal law does not mandate one. The lawsuit seeks a federal judge's declaration that Rule 2.10 is unlawful and requests that the court be prevented from enforcing it against federal officers.</p><p>The lawsuit names Franklin County Municipal Court, Administrative and Presiding Judge Jessica D’Varga, and court security director Enoch White as defendants in their official capacities.</p>