DOJ Battles Columbus Over ICE Courthouse Arrest Rule

The Department of Justice on Tuesday filed a civil lawsuit against Franklin County Municipal Court in Columbus, Ohio, to challenge a rule that blocks federal officials from arresting illegal immigrants at or near the courthouse.

A press release from the DOJ described the rule as “an illegal attempt to regulate the federal government” and alleged in its complaint, filed to the U.S. District Court for the Southern District of Ohio, that it “threatens the safety and effectiveness of federal operations.”

Additionally, the rule, known as Rule 2.10, “runs counter to common sense and endangers the broader community by attempting to eliminate safe places for law enforcement officers to act,” the DOJ wrote.

The rule was also blasted in a statement from Assistant Attorney General Brett Shumate of the Justice Department’s Civil Division. “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 said.

The press release also detailed more about officer presence at courthouses. “As is true in all types of law enforcement, conducting an arrest at or near a courthouse often reduces the risk of flight and potential safety risks to the public, law enforcement officers, and subjects themselves due to the enhanced security screenings in place at courthouses,” it stated.

Rule 2.10 is not without consequences for officers, the DOJ claims, even calling them “dire,” as “two Columbus ICE officers have been hospitalized due to violence encountered during at-large arrests within the past three months.”

“At present, federal law enforcement officers are operating in an increasingly hostile environment, facing heightened threats, assaults, and incidents of online doxing that endanger both their safety and that of their families,” the complaint continues.

Attacks on U.S. Immigration and Customs Enforcement agents have been increasing and are up by 1,300%, according to the Department of Homeland Security.

Those involved with the suit have stressed the need to comply with federal law.

“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 Woodward, Jr. said on Tuesday. “No more. This Department of Justice will not sit idly by while state and local government seek to undermine federal immigration enforcement.”

The DOJ is asking for a ruling against Rule 2.10, finding that it “violates the Supremacy Clause and therefore is unlawful and unenforceable as to the Federal Government.”

In addition to suing Columbus, the DOJ’s Civil Division has also sued over policies designed to thwart federal law enforcement in New York, Virginia, Connecticut, New Jersey, California, Milwaukee, and Philadelphia.

“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 also said in his statement.

Immigration enforcement has been a priority for the Trump administration. As the press release mentioned, “Attorney General Blanche has instructed the Department’s Civil Division to identify state and local laws, policies, and practices that facilitate violations of federal laws or impede lawful federal operations.”

The Franklin County Municipal Court does not comment on pending litigation. The Columbus City Attorney’s office had a similar response, telling the Daily Signal, “We are currently reviewing this lawsuit to determine the next appropriate steps in this case, and as such, have no further comment at this time.”

The DOJ did not return the Daily Signal’s request for comment.