The U.S. Department of Justice filed a lawsuit Tuesday in federal court against the Franklin County Municipal Court, alleging the court is blocking federal immigration agents from arresting undocumented immigrants at the courthouse. The case tests whether local judicial rules can restrict ICE operations on courthouse grounds—a question that will reshape how removal hearings unfold in Franklin County and potentially influence sanctuary-policy litigation nationwide.
What changed
Franklin County Municipal Court enacted a rule in March that states “no individual shall be subject to a civil arrest while present in the courthouse for the purpose of attending a court proceeding or conducting other lawful court business,” with an exception for civil arrests pursuant to a judicial warrant issued by a judge. The lawsuit, filed in the U.S. District Court for the Southern District of Ohio, contends the rule is an illegal attempt to regulate the federal government and that the rule threatens the safety and effectiveness of federal operations.
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. The DOJ claims this violates the U.S. Constitution’s Supremacy Clause.
Why it matters
If the DOJ prevails, Franklin County’s shield against courthouse arrests will evaporate, and your clients appearing for hearings there will lose a currently enforceable procedural protection. ICE made at least 12 arrests at Franklin County Municipal Court in recent years before the rule was adopted, DOJ says—a concrete measure of enforcement risk under pre-rule conditions.
Conversely, if the court rule survives, removal practitioners in Franklin County gain a durable argument that their clients cannot be arrested during court proceedings unless ICE obtains a judicial warrant (not an administrative one). This affects how you advise clients on courthouse attendance, witness testimony, and case strategy.
This is the latest in a string of cases the DOJ has brought against sanctuary jurisdictions. A New York policy barring arrests at state courthouses was upheld by a federal judge last year, with U.S. District Judge Anne Nardacci, a Biden appointee, ruling that trying to force local courthouses to allow arrests amounted to illegally commandeering local security forces for federal purposes. The Franklin County case will test whether that New York precedent holds or if the new DOJ position prevails in a different circuit.
Way forward
- Monitor the Southern District of Ohio docket for motions (e.g., DOJ motion for preliminary injunction, Franklin County response) that will signal the trajectory of the case and any interim orders.
- Brief clients appearing in Franklin County Municipal Court on the current state of Rule 2.10 and the litigation. Make clear that the rule’s survival is not guaranteed and they should assume it may change.
- Preserve the record if a client is approached by ICE at or near the courthouse during proceedings. Document the date, time, location, and any ICE agent identifiers for potential use in suppression or administrative appeals if Rule 2.10 is struck down or circumvented.
- Coordinate with the Franklin County court clerk’s office to confirm the rule’s current application and any updates as the federal lawsuit proceeds.
Disclaimer
This article is not legal advice and does not constitute a substitute for consultation with a licensed immigration attorney. The analysis is based on publicly reported facts about the lawsuit; the ultimate legal outcome, judicial interpretation, and application of the rule to your specific client’s situation require individualized counsel. Immigration policy and court rules can change without notice. Verify the current status of Franklin County Municipal Court Rule 2.10 and monitor the federal lawsuit against the court (DOJ v. Franklin County Municipal Court, U.S. District Court, Southern District of Ohio) by checking the court’s public docket before advising clients on courthouse appearance strategy.