DOJ sued Washtenaw County, Michigan to strike down ICE non-cooperation policies, invoking the Supremacy Clause

On April 10, 2026, the U.S. Department of Justice filed a civil lawsuit — USA v. Washtenaw County — in the U.S. District Court for the Eastern District of Michigan, seeking to strike down three county policies that restrict cooperation with U.S. Immigration and Customs Enforcement. Acting Attorney General Todd Blanche framed the action as a response to local policies he said were "designed to obstruct and endanger law enforcement."

The lawsuit targets three distinct county measures. First, a general order issued by the Washtenaw County Sheriff's Office bars county employees from voluntarily coordinating or sharing information with federal immigration authorities unless required by law, and directs the county to decline ICE detainer requests. Second, a policy issued by County Prosecutor Eli Savit instructs assistant prosecuting attorneys to "strive to avoid imposing immigration consequences wherever possible" — which the DOJ characterized as a directive to dismiss charges against people without legal status to shield them from deportation referrals. Third, a resolution adopted by the Washtenaw County Board of Commissioners on January 21, 2026 bars federal agents from accessing county-owned property without a judicial warrant, a requirement the DOJ argued discriminates against the federal government by applying a standard not imposed on other law enforcement agencies.

The complaint invokes the Constitution's Supremacy Clause, arguing that federal immigration law preempts any local restriction on the sharing of citizenship and immigration-status information, and that Washtenaw County's posture "flouts" that clause by treating federal immigration officers differently from other agencies. The DOJ asked U.S. District Judge Robert White to issue a permanent injunction blocking enforcement of all three policies. Washtenaw County said it would "vigorously defend" its policies, asserting they are "firmly grounded in constitutional principles." Legal advocates noted that under the Tenth Amendment's anti-commandeering doctrine, local governments cannot be compelled to participate in federal immigration enforcement, and that compliance with ICE detainers has long been held to be voluntary.

Updates

2026-06-17 — Washtenaw County filed motion to dismiss, invoking Tenth Amendment anti-commandeering doctrine [4]

On June 17, 2026, Washtenaw County filed a motion to dismiss the DOJ suit, arguing that the Tenth Amendment's anti-commandeering doctrine bars the federal government from compelling local officials to participate in immigration enforcement, and that nearly all local participation in federal immigration enforcement is voluntary under federal statute. County attorneys contended their policies declined voluntary participation while remaining in compliance with applicable federal law, and that the county's approach was designed to preserve local resources and maintain public trust among immigrant communities.