PoliticsTrump Administration Dealt Legal Blow as Judge Blocks ICE Effort to 'Conscript' Local Officials
A federal judge has dismissed the U.S. government's lawsuit against Washtenaw County.
Aug. 27 2026, Published 3:52 p.m. ET
U.S. District Judge F. Kay Behm dismissed the federal government's lawsuit against Washtenaw County, Mich., in full, ruling that the federal government cannot force local officials to enforce President Donald Trump's immigration priorities.
In an 86-page opinion, Judge Behm affirmed that the county was properly exercising its constitutional rights.
The court relied on the Tenth Amendment's anti-commandeering doctrine, holding that the federal government cannot compel state or local officials to administer federal programs.
Judge Upholds County's Immigration Policies
Judge Behm ruled that federal officials cannot force local governments to enforce federal immigration policies.
Judge Behm wrote that "neither the federal government nor the President may conscript local officials to enforce their will," noting that local governments cannot be forced to bear the labor and costs of federal agendas.
The dismissal fully protects Washtenaw County's local measures, which restrict local prosecutors from assisting Immigration and Customs Enforcement (ICE) beyond federal requirements, bar the sheriff's office from honoring voluntary ICE administrative detainers without judicial warrants, and restrict ICE from civil enforcement on county property.
The Trump administration’s lawsuit, filed by the Department of Justice (DOJ) in April, targeted specific policies enacted by three different branches of Washtenaw County’s government. The federal government argued that these local laws actively obstructed federal agents, endangered public safety, and unlawfully shielded undocumented immigrants from federal apprehension.
DOJ Failed to Support Its Case
Judge Behm pointed to the lack of legal precedent backing the Trump administration’s central argument.
The U.S. Department of Justice complaint sought to invalidate three core "sanctuary" measures.
In her 86-page ruling dismissing the case, Judge Behm highlighted a critical breakdown in the federal government’s legal strategy.
During oral arguments, the Trump administration's own DOJ attorney admitted to the court that he could not cite a single prior legal case that supported the federal government’s central argument.
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Judge Rejects Federal Overreach
Judge Behm ruled that the federal government cannot force local officials to enforce federal immigration policies.
Judge Behm wrote that the administration was attempting to "smuggle in two sea changes in immigration law enforcement" by manufacturing requirements that do not exist in the federal Immigration and Nationality Act.
The federal government attempted to use the Constitution's Supremacy Clause to argue that local policies created an unconstitutional obstacle to federal goals. The judge rejected this, stating that a simple refusal to assist or spend local funds on federal programs does not constitute illegal discrimination or obstruction against the United States.
The judge wrote: “Neither the federal government nor the President may conscript local officials to enforce their will.”
Judge Rejects Trump Administration’s Argument
Judge Behm rejected the administration’s claim that Washtenaw County’s policies unlawfully obstruct federal immigration enforcement.
The ruling says the Immigration and Nationality Act does not require the level of local cooperation the administration was demanding.
Following the victory, Washtenaw County Sheriff Alyshia Dyer released a statement asserting that her role is to protect the local community, "not to advance Trump's political agenda," and adding that she "will not be intimidated by Donald Trump."
The defeat adds to a growing list of similar legal losses for the Trump administration’s immigration crackdown, following similar dismissals of federal actions in Los Angeles, New York, Denver, Chicago and Minneapolis.
