The federal government has initiated legal action against Washtenaw County, Michigan, challenging its immigration policies. The civil lawsuit, filed by the Trump administration on Thursday, disputes several measures taken by the county that allegedly obstruct federal immigration enforcement efforts.
According to the lawsuit, Washtenaw County’s policies undermine public safety by prioritizing undocumented immigrants over citizens. The U.S. Department of Justice stated, “Washtenaw County’s policies prioritize the illegal alien over the safety of its own American citizens.”
Acting Attorney General Todd Blanche criticized the county’s leadership, stating, “Federal agents are risking their lives to keep Michigan citizens safe, and yet Washtenaw County’s leaders are enacting policies designed to obstruct and endanger law enforcement.”
Key Allegations
The lawsuit outlines several complaints against Washtenaw County’s officials, including the board of commissioners, the prosecutor, and the sheriff’s office:
- The Washtenaw County Sheriff’s Office is accused of limiting cooperation with federal immigration authorities, restricting information sharing unless legally mandated.
The federal lawsuit argues that these policies violate the U.S. Constitution’s Supremacy Clause, which establishes that federal law takes precedence over state and local laws. It claims the county’s actions impede the transmission of information regarding individuals’ immigration status.
Moreover, the lawsuit contends that the sheriff’s office’s refusal to honor ICE detainer requests hinders public safety. These requests serve as notifications that federal authorities plan to take custody of specific individuals.
Contrastingly, the American Immigration Council argues that under the Tenth Amendment, local governments are not obligated to assist in federal immigration enforcement, noting that compliance with detainers is voluntary.
- The county prosecutor is accused of being lenient in prosecuting immigrants to avoid triggering immigration enforcement.
Washtenaw County’s Prosecutor’s Office Immigration Policy advises attorneys to avoid imposing immigration consequences when possible, provided it aligns with public safety. The lawsuit criticizes this as encouraging local prosecutors to evade reporting obligations.
An example cited in the lawsuit involves Mario Araujo-Rodriguez, charged with multiple counts of criminal sexual conduct. He received a jail sentence that the lawsuit claims was designed to avoid transfer to state prison, thus circumventing federal custody.
Washtenaw County’s policy clarifies that serious crimes would lead to deportation, stating, “It would of course be inappropriate for an APA to charge a murder as a non-murder simply to avoid immigration consequences.”
- The county prohibits federal agents from accessing public property without a judicial warrant, as per a recent resolution by the Board of Commissioners.
The resolution emphasizes the county’s responsibility to advocate for civil rights and transparency for all residents, including immigrants. However, the DOJ argues this discriminates against federal authorities by imposing stricter conditions compared to other law enforcement agencies.
In response, Washtenaw County has vowed to “vigorously defend” its policies, expressing disagreement with the DOJ’s characterization. The county maintains its commitment to public safety and fostering a welcoming environment for all residents.
The county affirmed, “We are proud to be a welcoming community where all residents, including our immigrant residents, feel safe interacting with local government and law enforcement.”
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