
WASHINGTON – Today, Senator Bernie Moreno (R-OH) penned a letter to Franklin County Judge Kim Brown blasting the county’s attempt to ban Immigration and Customs Enforcement (ICE) arrests of criminal illegal aliens by declaring new “emergency” rules.
“Let’s be clear. These ‘rules’ are a disgrace to the distinct honor it is to serve on the bench. 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. And yet, you’re giving illegal aliens a pass,” wrote Sen. Moreno.
Read the letter HERE or below:
March 4, 2025
The Honorable Judge Kim Brown
Administrative Judge
Courtroom 5E
345 S. High Street
Columbus, OH 43215
Dear Judge Brown,
As an immigrant who came to this country legally. I write to express my sincere shock and disgust when I learned that 17 judges in Franklin County, including yourself, unilaterally decided that federal and state law, regulations, and President Trump’s Executive Order simply do not apply to their courtrooms. I break down this absolute abuse of power into two categories: form and substance.
I’ll begin with the substance. According to multiple media outlets, rogue elected judges issued two “emergency” rules that attempt to nullify federal and state law, the Department of Homeland Security’s Immigration Directive, and President Trump’s Executive Order by prohibiting civil arrests or deportations of illegal aliens on courthouse grounds without jumping through ridiculous contrary to law regulatory hoops, including obtaining the written approval of a Franklin County judge?
United States Immigration and Customs Enforcement (*ICE”) officers are sworn federal law enforcement officers who operate within the confines of the law, as opposed to illegal “local rules.” Obstructing or otherwise interfering with an ICE arrest is a crime, and anyone involved can and should be subject to prosecution under federal law. 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. During the first Trump Administration, nationally, approximately 90 percent of all illegal aliens arrested by ICE during fiscal year 2019 either had a criminal conviction, pending a criminal charge, had illegally re-entered the United States after being previously removed or were immigration fugitives subject to a judge’s final order of removal.
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 of Ohio taxpayers’ dollars and safety. You should be ashamed.
I now turn to the form of your egregious rulemaking. Hilariously, you cite “due process” and “access to justice on behalf of the entire public” as justification for your lawlessness. You also issued these rules on an “emergency” basis, bypassing any input from the public. 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? 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?
Let’s be clear. These “rules” are a disgrace to the distinct honor it is to serve on the bench. 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. And yet, you’re giving illegal aliens a pass.
Therefore, I demand the answers to the following questions in five days:
(1) Please provide the legal analysis for how “local rules” issued by 17 judges sitting on a county court invalidates federal law passed by the United States Congress, Ohio law passed by the Ohio General Assembly, the Department of Homeland Security’s Immigration Directive, and President Trump’s Executive Order?
(2) What is the “emergency” that gave you the authority to unilaterally issue these “local rules” without notice or comment?
(3) Why are the new “local rules” not transparently published on your website?
(4) How do you plan on enforcing your illegal “local rules”?
Sincerely,
BERNIE MORENO
United States Senator