Case: United States v. Washtenaw, County of

5:26-cv-11166 | U.S. District Court for the Eastern District of Michigan

Filed Date: April 9, 2026

Case Ongoing

Clearinghouse coding complete

Case Summary

This case challenges the County of Washtenaw, Michigan’s alleged obstruction of the Trump Administration’s immigration enforcement operations. On April 9, 2026, the United States filed suit in the U.S. District Court for the Eastern District of Michigan against the County of Washtenaw, Michigan. After President Trump declared a national emergency at the U.S.-Mexico border, he ordered the U.S. Department of Homeland Security (“DHS”) and its components U.S. Immigration and Customs Enforcement (“I…

This case challenges the County of Washtenaw, Michigan’s alleged obstruction of the Trump Administration’s immigration enforcement operations.

On April 9, 2026, the United States filed suit in the U.S. District Court for the Eastern District of Michigan against the County of Washtenaw, Michigan. After President Trump declared a national emergency at the U.S.-Mexico border, he ordered the U.S. Department of Homeland Security (“DHS”) and its components U.S. Immigration and Customs Enforcement (“ICE”) and U.S. Customs and Border Protection (“CBP”) to prioritize nationwide efforts to identify and remove unauthorized immigrants from the U.S. in accordance with federal law. The complaint asserts that, despite the alleged threat that unauthorized immigrants pose to American lives, property, and the communities in which Americans reside, Washtenaw County, through the actions of its officials, is obstructing federal immigration enforcement operations and shielding criminal offenders from apprehension by federal law enforcement. The County had issued policy directives through the Sheriff’s Office, Prosecutor’s Office, and Board of Commissioners that did not align with the federal government’s immigration efforts. The United States argues that Washtenaw County’s policies aim to obstruct federal law enforcement and celebrate thwarting the constitutional obligation of the President to take care that federal immigration law be faithfully executed. The United States brought this action under the Supremacy Clause of the U.S. Constitution and the Immigration and Nationality Act (“INA”). The U.S. sought declaratory relief that the County’s actions are unlawful and preempted by federal law, a permanent injunction prohibiting the County and its officials from enforcing or implementing the challenged directives, and attorneys’ fees. The case was assigned to District Judge F. Kay Behm.

On June 17, 2026, the defendants filed a joint motion to dismiss, asserting that the INA does not conflict with any of the challenged policies because they neither regulate the federal government nor discriminate against it. The court has scheduled a remote hearing on this motion on August 17, 2026.

This case is ongoing.

Summary Authors

Ian Gibson (7/24/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/73171084/parties/united-states-v-washtenaw-county-of/


Attorney for Plaintiff
Attorney for Defendant

Billard, Michelle (Michigan)

Burton-Harris, Robert (Michigan)

Butswinkas, Dane H. (Michigan)

Gamse, Nicholas G. (Michigan)

Expert/Monitor/Master/Other

Fink, Nathan J. (Michigan)

Documents in the Clearinghouse

Documents in this case
1

5:26-cv-11166

Complaint

United States of America v. County of Washtenaw, Michigan et al.

April 9, 2026

April 9, 2026

Complaint
30

5:26-cv-11166

Opinion And Order Granting Defendants’ Motion To Dismiss (Ecf No. 7)

The United States of America v. County of Washtenaw et al.

Aug. 21, 2026

Aug. 21, 2026

Order/Opinion

2026 WL 2453724

Docket

See docket on RECAP: https://www.courtlistener.com/docket/73171084/united-states-v-washtenaw-county-of/

Last updated Sept. 8, 2026, 3:17 a.m.

Docket for: United States v. Washtenaw, County of
ECF Number Date Description Link
1 April 9, 2026

COMPLAINT filed by UNITED STATES OF AMERICA against All Defendants. Fee waiver included in accordance with 28 USC 1916. Plaintiff requests summons issued. County of 1st Plaintiff: USA - County Where Action Arose: Washtenaw County - County of 1st Defendant: Washtenaw County. [Previously dismissed case: No] [Possible companion case(s): None] (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit) (Lindefjeld, Robert) (Entered: 04/09/2026)

1 Exhibit

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2 Exhibit

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3 Exhibit

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4 Exhibit

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5 Exhibit

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6 Exhibit

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7 Exhibit

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Clearinghouse
2 April 10, 2026

SUMMONS Issued for *Office of the Prosecuting Attorney, Washtenaw County Board of Commissioners, Washtenaw County Prosecuting Attorney, Washtenaw County Sheriff, Washtenaw County Sheriff's Office, Washtenaw, County of* (TMul) (Entered: 04/10/2026)

RECAP
3 April 10, 2026

Notice of District Judge Robert J. White's Case Management Requirements. (TVil) (Entered: 04/10/2026)

RECAP
April 10, 2026

Notice to Parties of Consent of a Civil Action before a Magistrate Judge Option

April 10, 2026

A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at http://www.mied.uscourts.gov (TMul)

4 April 16, 2026

ORDER OF RECUSAL AND REASSIGNING CASE from District Judge Robert J. White in Detroit to District Judge F. Kay Behm in Flint. (NAhm) (Entered: 04/16/2026)

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5 June 16, 2026

MOTION for Leave to File Excess Pages by All Defendants. (Butswinkas, Dane) (Entered: 06/16/2026)

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6 June 16, 2026

ORDER Granting 5 Motion for Leave to File Excess Pages. Signed by District Judge F. Kay Behm. (KCol) (Entered: 06/16/2026)

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7 June 17, 2026

Joint MOTION to Dismiss by All Defendants. (Butswinkas, Dane) (Entered: 06/17/2026)

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8 June 22, 2026

ORDER Regarding Local Counsel. Signed by District Judge F. Kay Behm. (KCol) (Entered: 06/22/2026)

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9 June 22, 2026

NOTICE of Appearance by Mary McCord on behalf of Washtenaw County Sheriff. (McCord, Mary) (Entered: 06/22/2026)

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10 June 22, 2026

NOTICE of Appearance by Mary McCord on behalf of Washtenaw County Sheriff's Office. (McCord, Mary) (Entered: 06/22/2026)

RECAP
June 22, 2026

Text-Only Order

June 22, 2026

TEXT-ONLY ORDER. Upon review of the Complaint, Plaintiff did designate local counsel, and the Order at ECF 8 is modified to reflect that local counsel for all parties are instructed to file their appearances for clarity on the docket. SO ORDERED. Signed by District Judge F. Kay Behm. (KCol)

11 June 23, 2026

NOTICE of Appearance by Robert Burton-Harris on behalf of Washtenaw County Sheriff. (Burton-Harris, Robert) (Entered: 06/23/2026)

RECAP
12 June 23, 2026

NOTICE of Appearance by Michelle Billard on behalf of Office of the Prosecuting Attorney, Washtenaw County Board of Commissioners, Washtenaw County Prosecuting Attorney, Washtenaw, County of. (Billard, Michelle) (Entered: 06/23/2026)

RECAP
13 June 24, 2026

MOTION for Leave to File Brief of Amici Curiae One Hundred and Forty-Seven Cities, Counties, and Elected Officials in Support of Defendants' Motion to Dismiss by One Hundred and Forty-Seven Cities, Counties, and Elected Officials. (Attachments: # 1 Exhibit 1 - Proposed Brief of Amici Curiae) (Fink, Nathan) (Entered: 06/24/2026)

1

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14 June 25, 2026

NOTICE of Appearance by Megan R. Izzo on behalf of Office of the Prosecuting Attorney, Washtenaw County Board of Commissioners, Washtenaw County Prosecuting Attorney, Washtenaw, County of. (Izzo, Megan) (Entered: 06/25/2026)

RECAP
15 June 26, 2026

ATTORNEY APPEARANCE: Amy Mason Saharia appearing on behalf of Office of the Prosecuting Attorney, Washtenaw County Board of Commissioners, Washtenaw County Prosecuting Attorney, Washtenaw, County of (Saharia, Amy) (Entered: 06/26/2026)

RECAP
16 June 26, 2026

ATTORNEY APPEARANCE: Nicholas G. Gamse appearing on behalf of Office of the Prosecuting Attorney, Washtenaw County Board of Commissioners, Washtenaw County Prosecuting Attorney, Washtenaw, County of (Gamse, Nicholas) (Entered: 06/26/2026)

RECAP
17 June 26, 2026

NOTICE OF REMOTE HEARING on 7 Joint MOTION to Dismiss . Motion Hearing set for 8/17/2026 at 2:00 PM before District Judge F. Kay Behm. |Remote Access Phone Number: 669-254-5252 and Meeting ID: 165 905 1496| (KCol) (Entered: 06/26/2026)

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18 June 26, 2026

ATTORNEY APPEARANCE: Edward L Pickup appearing on behalf of Office of the Prosecuting Attorney, Washtenaw County Board of Commissioners, Washtenaw County Prosecuting Attorney, Washtenaw, County of (Pickup, Edward) (Entered: 06/26/2026)

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19 June 26, 2026

ORDER Granting 13 Motion for Leave to Appear as Amicus Curiae. Signed by District Judge F. Kay Behm. (KCol) (Entered: 06/26/2026)

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20 June 26, 2026

Joint MOTION Regarding Briefing Schedule by United States of America. (Attachments: # 1 Proposed Order) (Lindefjeld, Robert) (Entered: 06/26/2026)

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21 June 26, 2026

REQUEST FOR WAIVER REGARDING LOCAL COUNSEL by United States of America. (Attachments: # 1 Proposed Order) (Lindefjeld, Robert) (Entered: 06/26/2026)

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22 June 29, 2026

ORDER Regarding Briefing Schedule (Response due by 7/17/2026, Reply due by 8/7/2026). Signed by District Judge F. Kay Behm. (KCol)

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23 July 9, 2026

NOTICE of Appearance by Nathan J. Fink on behalf of One Hundred and Forty-Seven Cities, Counties, and Elected Officials. (Fink, Nathan) (Entered: 07/09/2026)

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24 July 9, 2026

Amicus Curiae BRIEF by One Hundred and Forty-Seven Cities, Counties, and Elected Officials (Fink, Nathan) (Entered: 07/09/2026)

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25 July 16, 2026

ORDER on 21 Request. Signed by District Judge F. Kay Behm. (KCol) (Entered: 07/16/2026)

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26 July 17, 2026

RESPONSE to 7 Joint MOTION to Dismiss filed by United States of America. (Lindefjeld, Robert) (Entered: 07/17/2026)

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27 Aug. 5, 2026

MOTION for Leave to File Excess Pages by Office of the Prosecuting Attorney, Washtenaw County Board of Commissioners, Washtenaw County Prosecuting Attorney, Washtenaw, County of. (Butswinkas, Dane) (Entered: 08/05/2026)

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28 Aug. 6, 2026

ORDER Granting 27 MOTION for Leave to File Excess Pages. Signed by District Judge F. Kay Behm. (KCol)

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29 Aug. 7, 2026

REPLY to Response re 7 Joint MOTION to Dismiss filed by All Defendants. (Butswinkas, Dane) (Entered: 08/07/2026)

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Aug. 17, 2026

Minute Entry for remote proceedings before District Judge F. Kay Behm: Motion Hearing held on 8/17/2026 re 7 Joint MOTION to Dismiss filed by Washtenaw County Sheriff's Office, Washtenaw, County of, Washtenaw County Board of Commissioners, Washtenaw County Prosecuting Attorney, Office of the Prosecuting Attorney, Washtenaw County Sheriff. Disposition: Court heard arguments of counsel, took the matter under advisement, and will issue a written opinion. (Court Reporter: Christin Douglas) (KCol)

30 Aug. 21, 2026

OPINION AND ORDER Granting 7 Defendants' Motion to Dismiss. Signed by District Judge F. Kay Behm. (KCol) (Entered: 08/21/2026)

Clearinghouse
31 Aug. 21, 2026

JUDGMENT. Signed by District Judge F. Kay Behm. (KCol) (Entered: 08/21/2026)

RECAP

Case Details

State / Territory:

Michigan

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Administration 2.0: Litigation and Investigations By the Government

Key Dates

Filing Date: April 9, 2026

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The United States of America

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

County

County of Washtenaw, Michigan

Case Details

Causes of Action:

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

Constitutional Clause(s):

Supremacy Clause

Other Dockets:

Eastern District of Michigan 5:26-cv-11166

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Attorneys fees

Declaratory judgment

Injunction

Relief Granted:

None yet

Source of Relief:

None yet

Issues

Immigration/Border:

ICE/DHS/INS raid

Sanctuary city/state

Recommended Citation