The Trump administration is taking Washtenaw County to court over its immigration policies. A civil lawsuit filed in federal court Thursday outlines policies the county enacted to resist Trump's unprecedented immigration crackdown.
In the lawsuit the Trump administration asserts that several Washtenaw County policies are invalid and dangerous.
"Washtenaw County’s policies prioritize the illegal alien over the safety of its own American citizens," the U.S. Department of Justice said in a statement.
“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,” said Acting Attorney General Todd Blanche.
In the lawsuit, the Justice Department outlines complaints against the county’s elected board of commissioners, the prosecutor, and the sheriff’s office:
- The Washtenaw County Sheriff is preventing its employees from coordinating and sharing information with federal immigration authorities unless required by law.
The lawsuit argues that federal law preempts state and local law under the U.S. Constitution’s Supremacy Clause. As a result, it claims local governments cannot restrict any government official from sending or receiving “information regarding the citizenship or immigration status, lawful or unlawful, of any individual.”
The lawsuit alleges that the Washtenaw County Sheriff's Office is making information sharing so difficult that it affects public safety. It says the county is refusing to comply with ICE detainer requests, which are notices indicating federal authorities intend to take custody of an individual.
But according to the American Immigration Council, local governments can’t be forced to participate in immigration enforcement. The council says these rights are protected under the 10 Amendment, which reserves rights not explicitly granted to the federal government for the states, and compliance with detainers is voluntary, not mandatory.
- Washtenaw County’s prosecutor is being too lenient on immigrants facing criminal charges in order to avoid immigration enforcement.
The Prosecutor’s Office Immigration Policy states that assistant prosecuting attorneys should “strive to avoid imposing immigration consequences wherever possible, but must only do so when it is consistent with public safety.”
The lawsuit alleges the directive is a “nefarious roadmap demanding that local county prosecutors in Washtenaw County shirk their reporting obligations” and “dismiss criminal charges against illegal aliens rather than reporting them to federal immigration officials.”
It cited the example of Mario Araujo-Rodriguez, an individual without legal status who was charged with three counts of criminal sexual conduct in the second degree with a person under the age of 13.
Records show he was sentenced to a year in jail in January, which the lawsuit says was short enough to avoid transfer to state prison. He’s currently incarcerated in the county jail.
Washtenaw County’s Immigration Policy stated that serious crimes, like murder, would “render a noncitizen deportable. But it would of course be inappropriate for an APA to charge a murder as a non-murder simply to avoid immigration consequences.”
- Washtenaw County won't allow federal agents on public county property unless they have a judicial warrant, according to a resolution approved January 21 by the Washtenaw County Board of Commissioners.
“While ICE is a federal agency beyond the direct authority of Washtenaw County, the County has a responsibility to use its voice to advocate for practices that uphold civil rights, human dignity, and transparency for all residents, regardless of immigration status,” the resolution read.
The DOJ argues that restricting access to property “discriminates against the Federal Government” by treating federal immigration authorities differently than other law enforcement agents.
In an emailed response to the lawsuit, Washtenaw County said it will “vigorously defend” the county’s policies in court.
“We strongly disagree with the characterization of our policies and are confident that our policies are firmly grounded in constitutional principles,” the statement read.
The county said it’s committed to public safety, enforcing the law, and protecting community members. “We are proud to be a welcoming community where all residents, including our immigrant residents, feel safe interacting with local government and law enforcement.”
