By New York Post (Politics) | Created at 2025-03-04 17:21:15 | Updated at 2025-03-04 21:22:13
4 hours ago
WASHINGTON — A Republican senator is investigating what he calls an “absolute abuse of power” by Ohio judges who have barred Immigration and Customs Enforcement (ICE) arrests on courthouse grounds, The Post can reveal.
In a Tuesday letter, Sen. Bernie Moreno (R-Ohio) expressed “sincere shock and disgust” at 17 judges in the Buckeye State’s Franklin County Common Pleas Court having “unilaterally decided” to ignore President Trump’s executive order greenlighting mass ICE deportation operations.
“Obstructing or otherwise interfering with an ICE arrest is a crime, and anyone involved can and should be subject to prosecution under federal law,” the Ohio Republican told Administrative Judge Kim Brown. “ICE makes targeted arrests to protect American citizens. Targets are often those who were arrested on local criminal charges or have blatantly disregarded U.S. immigration laws.”
“You of all people, the very judges that swore an oath to support the Constitution of the United States and the Constitution of Ohio and the laws thereof, should know that no one is above the law,” Moreno added. “And yet, you’re giving illegal aliens a pass.”
The judges, whose jurisdiction includes the state capital, Columbus, barred arrests by putting in place two “emergency” rules, citing a need “to protect due process and access to justice on behalf of the entire public.”
“That mission is jeopardized when victims, witnesses and defendants are afraid to come to the courthouse to testify and participate in ongoing cases, fearing civil arrest and deportation,” they wrote. “That jeopardy affects the fairness of trials and other court proceedings for citizens and non-citizens alike.”
The local rules don’t allow federal authorities to make any civil arrests on courthouse grounds without a warrant signed by a judge. Even if federal authorities do present a warrant, arrests won’t be allowed within courtrooms.
Court employees are also prohibited from inquiring about a person’s immigration status or assisting the feds with enforcement.
Moreno, 58, noted in his letter that roughly 90% of illegal immigrants arrested by ICE during the first Trump administration had at least one criminal conviction, had been charged with a crime, had illegally re-entered the US or were a fugitive from justice.
“Your ‘local rules,’ which fly in the face of federal and state law, the Department of Homeland Security’s Immigration Directive, and President Trump’s Executive Order, protect illegal aliens that have entered the country illegally and who also may be in court to face other civil or criminal charges, all at the expense Ohio taxpayers’ dollars and safety,” the GOP senator lambasted the judges. “You should be ashamed.”
“Do the American people receive due process and access to justice when 17 judges create and declare a fake emergency to prohibit a federal agency from enforcing the law to protect the homeland from the entry of illegal aliens?” he also asked. “You can surely send the media a quote and talking points, but you can’t seem to post these asinine rules on your own public website for all Ohioans to see. Why are you wasting Ohioan’s time and resources to protect illegal aliens over your own constituents?”
Moreno gave the jurists five days to respond to his demands for an explanation on plans to enforce the rules, noting that neither are “transparently published” on the court’s website.
The Post reached out to reps at the Franklin County Common Pleas Court for comment.
