DOJ sued Franklin County Municipal Court to strike down its ban on warrantless ICE arrests at the courthouse

On August 25, 2026, the U.S. Department of Justice sued the Franklin County Municipal Court in Columbus, Ohio, naming Administrative and Presiding Judge Jessica D'Varga and the court's director of security, Enoch White, seeking to strike down the court's Rule 2.10 barring civil ICE arrests of people present for court proceedings or other lawful court business. The suit, filed in the U.S. District Court for the Southern District of Ohio, argues the March 2026 rule violates the Constitution's Supremacy Clause and asks the court to permanently enjoin its enforcement. It is the latest in a Justice Department litigation campaign against local and state measures restricting ICE courthouse and field operations.

On August 25, 2026, the U.S. Department of Justice filed a federal lawsuit against the Franklin County Municipal Court in Columbus, Ohio, naming Administrative and Presiding Judge Jessica D'Varga and the court's director of security, Enoch White, as defendants in their official capacities. The suit, filed in the U.S. District Court for the Southern District of Ohio (No. 2:26-cv-01025), challenges the court's Rule 2.10, adopted in March 2026 after public pressure over ICE activity at the courthouse, which bars civil immigration arrests of people present at the courthouse for a proceeding or other lawful court business unless carried out under a judicial warrant. DOJ's complaint says ICE had arrested at least twelve people at the courthouse in recent years before the rule took effect, and that no civil arrests have occurred there since.

DOJ argues the rule is preempted by federal immigration law and violates the Constitution's Supremacy Clause, and it asks the court to declare the rule unconstitutional and to permanently enjoin its enforcement. Associate Attorney General Stanley E. Woodward Jr. and Assistant Attorney General Brett A. Shumate of the Civil Division said in Justice Department statements that the rule "obstructs federal law enforcement" and that ICE has had to conduct riskier "at-large" arrests elsewhere since the rule took effect, including two incidents in which Columbus ICE officers were hospitalized during at-large arrests, according to the complaint. The suit does not target a similar rule at the separate Franklin County Court of Common Pleas.

Columbus Mayor Andrew Ginther said the city "stand[s] with the court" against the lawsuit, calling ICE's courthouse enforcement "unwelcome and unnecessary" and warning that the suit would turn a courthouse into "a tool of discrimination." The suit is the latest in a Justice Department campaign, under Attorney General Pam Bondi, of litigation against state and local measures that restrict ICE courthouse and field operations, following suits against Philadelphia and New York State, among other jurisdictions.

Local courts have their own authority to set rules protecting people who come there for court business, including rules against warrantless arrests that could deter someone from showing up to a hearing. Franklin County Municipal Court adopted such a rule after ICE arrested people at the courthouse repeatedly, and the Department of Justice's lawsuit uses federal litigation power to strip that local protection and force the courthouse back open to warrantless civil arrests. This is an exercise of executive overreach that erodes the federalism check on federal immigration enforcement, and it would narrow a protection the court adopted specifically to keep court access safe for immigrants with unrelated business before it.

  1. Justice Department Files Lawsuit to Stop Ohio Court's Unlawful Obstruction of Federal Law EnforcementU.S. Department of Justice primary accessed August 26, 2026
  2. US Dept. of Justice sues Franklin County Municipal Court for blocking immigrant arrestsWOSU Public Media primary accessed August 26, 2026
  3. DOJ sues to stop Ohio court blocking courthouse arrestsFox News secondary accessed August 26, 2026
  4. United States v. Franklin County Municipal Court, No. 2:26-cv-01025 (S.D. Ohio)CourtListener (PACER) primary accessed August 26, 2026