Washtenaw County Seeks Dismissal of DOJ Lawsuit on Immigration Policies

In a bold legal move, Washtenaw County is challenging the U.S. Department of Justice’s recent lawsuit over its immigration policies. The county insists that its decision to limit cooperation with federal immigration enforcement is within its rights.

The county’s attorneys filed a motion to dismiss the lawsuit on June 17. They argue that federal law does not mandate local governments to engage in immigration enforcement, citing the Tenth Amendment as a basis for their stance. This amendment serves to restrict the federal government from compelling state and local authorities to implement federal initiatives.

Philip Mayor, deputy legal director at the ACLU of Michigan, explained, “It’s just Washtenaw County telling the federal government, ‘We’re not going to do your job, and if you want to do your job and do immigration enforcement, you can, but you can’t do it with our county’s resources.’”

The lawsuit, initiated by the Trump administration in April, targets the county’s prosecutor, sheriff, and Board of Commissioners for enacting policies that limit cooperation with Immigration and Customs Enforcement (ICE). According to federal officials, these policies obstruct immigration enforcement and contravene federal law.

While federal regulations require states and localities to share information about an individual’s immigration status upon request, the county’s motion emphasizes that all other forms of participation are voluntary. The policies in question focus on declining this voluntary cooperation while ensuring compliance with relevant laws. They were established to safeguard local resources and foster public trust in law enforcement.

Mayor highlighted the potential negative impact of local authorities working with ICE, noting a potential decrease in 911 calls and crime reporting from immigrant communities. “Washtenaw County has chosen a smart-on-safety approach that they’re not going to squander their local resources on terrorizing their neighbors and immigrant communities,” he stated. “It makes our communities less safe. It prevents victims from seeking the support they need. It makes people scared of their own government.”

The DOJ has been actively pursuing lawsuits against municipalities and states to challenge local “sanctuary” laws. Christine Sauvé from the Michigan Immigrant Rights Center views these efforts as attempts to coerce local municipalities into aiding mass deportation. She remarked, “These policies are all lawful, and so the question then becomes, at what point is the federal government trying to intervene to make decisions about what they think is best for local communities?”

Notably, several similar DOJ lawsuits, including those against Boston, Denver, and Los Angeles, have been dismissed by federal judges. Both Washtenaw County and the U.S. Department of Justice have not provided comments on the ongoing legal proceedings.