The Franklin County Court of Common Pleas adopted rules limiting how Immigration and Customs Enforcement can arrest people on the courthouse's grounds in downtown Columbus.
The two rules together limit ICE from arresting individuals for civil reasons — such as crossing the U.S. border without proper documentation — without a criminal warrant on the courthouse's premises. The other rule prohibits criminal arrests within a judge's courtroom, unless ICE or any other arresting agency has requested and received written approval of a judge.
The rules also state that court personnel should not inquire into an individual's immigration status unless it is necessary to perform one’s official duties, or is required by law. Court personnel also should not provide personal information to immigration officials, or a release date, unless it is public information or if the agents have a valid judicial warrant.
If these rules are violated, the person could be held in contempt of court or be immediately kicked off of courthouse grounds, with potential for being permanently barred from the premises.
The court's 17 judges approved the rules according to a press release issued Friday. The release said the decision comes in response to increased immigration enforcement on courthouse grounds in the last 30 days.
"Courts have a unique Constitutional responsibility 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 from courthouse grounds," the news release said.
The release said that jeopardy affects the fairness of trials and other court proceedings for citizens and non-citizens alike, directly intruding on the Court’s own core responsibilities for due process and public safety.
The Franklin County Common Pleas Court's decision comes as President Donald Trump's administration is stepping up immigration enforcement around the country. During the early days of the administration, rumors swirled about ICE raids happening around Columbus.
Federal prosecutors with the U.S. Department of Justice have also been ordered to crack down on the city of Columbus and Franklin County if their laws impede ICE enforcement.
The court said together its two new rules will recognize the role of the judiciary in ensuring due process and access to justice.
"By establishing clear standards for the courthouse grounds, the Court provides clarity and consistency in the promotion of justice, and in service of its unique Constitutional mandate," the news release said.
The rules immediately went into effect. The court plans to offer a public comment period on the new rules at a later date.
