Washtenaw County may continue ‘sanctuary policies,’ federal judge rules
A federal judge has handed a Michigan county a key win against President Donald Trump, ruling that the federal government cannot force it to participate in immigration enforcement activities.
The ruling, issued Friday by Judge F. Kay Behm of U.S. District Court in Flint, allows Washtenaw County to continue its so-called sanctuary policies, including banning federal Immigration and Customs Enforcement (ICE) agents from county property.
“This is one of a series of lawsuits in which the President of the United States has sought to compel states and localities to do the work and bear the cost of enforcing his preferred immigration agenda …” Behm wrote in her 86-page ruling. “… But neither the federal government nor the President may conscript local officials to enforce their will.”
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The United States’ Complaint fails to allege that Washtenaw County has done anything more than exercise its constitutional authority under the Tenth Amendment, Behm, an appointee of former President Joe Biden, wrote.
Trump has made immigration enforcement a cornerstone of his second term, vowing to target and deport violent criminals.
Washtenaw County Sheriff Alyshia Dyer said in a statement on Friday that as sheriff, her role is to protect the people of the community, not to advance Trump’s political agenda.
“Our community stands in solidarity with immigrants and supports the civil and constitutional rights of all people regardless of immigration status,” Dyer said in a statement. “The current climate demands bold, courageous leadership to defend our constitutional freedoms. I will not be intimidated by Donald Trump and my office will continue to prioritize providing just, compassionate public safety for our local community as local public servants.”
The lawsuit centered around several Washtenaw County policies deemed by the Trump’s administration as “sanctuary policies”:
The prosecutor’s policy of considering consequences related to suspects’ immigration status when making decisions involving charges or pleas.
The sheriff’s policy of not asking individuals about their immigration status in the course of their duties, or detaining individuals solely due to ICE-issued detainers or warrants not ordered by a judge.
The county board of commissioners’ policy barring federal immigration officers from county property without a judicial warrant or court order.
The Trump administration asserted that Washtenaw County’s policies “aim to obstruct federal law enforcement and celebrate thwarting the constitutional obligation of the President of the United States to take care that federal immigration law be faithfully executed.”
In the suit against Washtenaw County, filed in April, the White House argued that federal law preempts state or local restrictions on cooperation with immigration enforcement. By “shielding criminal offenders from apprehension,” the county officials “jeopardize the public safety of all Americans,” the federal government said in its complaint.
However, Behm wrote that the Immigration and Nationality Act (INA) “contemplates the possibility of state and local cooperation with federal immigration officials, but it generally does not require cooperation with any particular federal request.”
The U.S. Department of Justice didn’t immediately respond to a request for comment.
The federal government had also argued the Washtenaw County’s Sheriff’s Office’s stated policy of not using its “resources to enforce federal immigration law or assist in immigration related matters” amounted to discrimination.
Behm, however, concluded that by not identifying another entity that the county treated more favorably, the White House failed to prove discrimination.
The lawsuit was filed against Dyer, County Prosecutor Eli Savit and the board of commissioners. It alleged that county policies conflict with federal immigration law and are therefore invalid, and also that those policies improperly interfere with or discriminate against the federal government in violation of the Constitution’s Supremacy Clause.
Behm dismissed the full case.
Soon after beginning his second term, Trump signed an executive order taking aim at what he called “sanctuary jurisdictions,” threatening to pull federal funding from those areas that interfere with federal enforcement operations and ordering the attorney general and secretary of Homeland Security to take legal action against them.
The White House has filed at least 14 lawsuits similar to the Washtenaw litigation against states and municipalities across the country. Cases in Illinois, California, New York, Colorado and Minnesota have been dismissed, according to the Immigration Policy Tracking Project, which compiles all Trump immigration policy.
In some cases, the Trump administration has appealed. Other cases remain pending.
mreinhart@detroitnews.com
This article originally appeared on The Detroit News: Washtenaw County may continue ‘sanctuary policies,’ federal judge rules
