In a move to block immigration enforcement efforts at the Franklin County courthouse, the Court of Common Pleas adopted emergency rules barring arrests on courthouse premises.
The new regulations restrict the activities of Immigration and Customs Enforcement operations at the courthouse or on the courthouse’s grounds in downtown Columbus. This includes deportation efforts and arrests of illegal aliens for civil reasons, such as crossing the U.S. border without proper documentation.
Critics, including Vivek Ramaswamy, who recently announced a run for Ohio’s governor, say it’s an example of more woke courts protecting illegals over American citizens.
Ramaswamy posted on X:
“This is unacceptable. We’ll use the 287(g) program to empower our local law enforcement to work with ICE & remove illegal aliens from Ohio.”
On Friday, the 17 Franklin County Common Pleas Court judges announced the new local rules, citing increased ICE activity within the courthouse grounds since President Donald J. Trump took office in January, The Columbus Dispatch reports. Sixteen of the 17 Common Pleas Court judges are Democrats.
During the administration's early days, rumors swirled about ICE raids happening around Columbus, WOSU reports. Federal prosecutors with the U.S. Department of Justice have also been ordered to crack down on the city of Columbus and Franklin County if their laws impede ICE enforcement.
In a move that defies those efforts, Local Rule 111 prohibits civil arrests without a judicial warrant signed by a judge within the courthouse grounds. In addition, Local Rule 112 prohibits criminal arrests within a judge's courtroom, unless ICE or any other arresting agency has requested and received written approval from a judge, NBC 4 News reports.
The 17 judges argue courts have a unique Constitutional responsibility to protect due process and access to justice on behalf of the entire public.
“That mission is jeopardized when victims, witnesses, and defendants are afraid to come to the courthouse to testify and participate in ongoing cases, fearing civil arrest and deportation," the judges said in a release. "That jeopardy affects the fairness of trials and other court proceedings for citizens and non-citizens alike."
In addition, the rules prohibit court personnel from asking about a person's immigration status. They are barred from providing information to immigration agencies or assisting ICE officials unless required by law or deemed necessary to perform their duties.
The Ohio Revised Code already bars civil arrest — or arrests for noncriminal actions — of plaintiffs, defendants, and witnesses who come to or leave the court. The local rules clarify the courthouse grounds, which are defined as “all contiguous public entryways, driveways, sidewalks, and parking areas intended to serve the courthouse,” The Dispatch reports.
On Monday afternoon, the Franklin County Municipal Court issued a statement saying the judges in that jurisdiction will continue to allow ICE officials to detain and arrest people in the building. Three of the 15 county Municipal Court judges are Republicans, and the remainder are Democrats.
“The Court understands ICE may continue to effect lawful detainers from within the courthouse and will ensure those are carried out in a manner that maintains courthouse security and the integrity of judicial proceedings," the judges said. "It will work within its judicial role to ensure that its policies align with federal immigration enforcement efforts to the extent permitted by the Constitution and applicable state laws."
