Washtenaw County officials have asked a federal judge to throw out a lawsuit filed by the U.S. Department of Justice challenging the county's immigration-related policies.
In the June 17 motion to dismiss, county attorneys argue that federal law does not require local governments to assist with immigration enforcement and that the county's policies are protected by the Tenth Amendment, which limits the federal government's ability to compel state and local officials to carry out federal programs.
“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,’” said Philip Mayor, deputy legal director at the ACLU of Michigan.
The lawsuit, filed by the Trump administration in April, targets policies adopted by the county prosecutor, sheriff, and Board of Commissioners that restrict cooperation with Immigration and Customs Enforcement. Federal officials contend the policies interfere with immigration enforcement and violate federal law.
The motion says under federal law, if the U.S. government requests information about the citizenship or immigration status of an individual, states and localities legally cannot withhold it. However, it notes, nearly all other local participation in federal immigration enforcement is voluntary.
In the motion, county officials argue that their policies decline voluntary participation in federal immigration efforts but still comply with applicable laws. The filing states that the anti-cooperation policies were adopted to preserve local resources and maintain public trust in law enforcement.
Mayor said local authorities working with ICE could reduce 911 calls and crime reporting among 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,” Mayor said. “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 launched a wave of lawsuits against municipalities and states within the past year, aiming to dismantle local "sanctuary" laws.
Christine Sauvé, a spokesperson for the Michigan Immigrant Rights Center, said the Trump administration knows working with local municipalities can be a “force multiplier” to help achieve its goal of mass deportation. She said that’s why she suspects these lawsuits are a way to intimidate local officials into cooperation.
“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?” Sauvé said.
Federal judges have thrown out several of the DOJ's cases, including ones against Boston, Denver, and Los Angeles.
Neither Washtenaw County nor the U.S. Department of Justice responded to requests for comment.
