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 in progress

Case Summary

[This summary is temporary while we research this case] On April 9, 2026, the United States of America filed suit in 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”) prioritized nationwide effor…

[This summary is temporary while we research this case]

On April 9, 2026, the United States of America filed suit in 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”) prioritized nationwide efforts to identify and remove unauthorized immigrants from the U.S. in accordance with federal law. The complaint alleges that, despite the ongoing threat that unvetted, unauthorized immigrants pose to American lives and property and the communities in which Americans reside, Washtenaw County, through the actions of its officials, insists on obstructing federal immigration enforcement operations and shielding criminal offenders from apprehension by federal law enforcement. Plaintiffs argue 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. Plaintiff brings this action under the Constitution of the United States, Article VI, Clause 2 and the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1101 et seq. 

This case is ongoing.

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)

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Documents in the Clearinghouse

Document
1

5:26-cv-11166

Complaint

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

April 9, 2026

April 9, 2026

Complaint

Docket

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

Last updated July 23, 2026, 3:38 p.m.

ECF Number Description Date Link Date / Link
1

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

View on PACER

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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April 9, 2026

April 9, 2026

Clearinghouse
2

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)

April 10, 2026

April 10, 2026

3

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

April 10, 2026

April 10, 2026

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

April 10, 2026

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)

April 10, 2026

April 10, 2026

4

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)

April 16, 2026

April 16, 2026

5

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

June 16, 2026

June 16, 2026

6

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

June 16, 2026

June 16, 2026

7

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

June 17, 2026

June 17, 2026

RECAP
8

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

June 22, 2026

June 22, 2026

RECAP
9

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

June 22, 2026

June 22, 2026

10

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

June 22, 2026

June 22, 2026

Text-Only Order

June 22, 2026

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)

June 22, 2026

June 22, 2026

11

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

June 23, 2026

June 23, 2026

12

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)

June 23, 2026

June 23, 2026

13

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

View on RECAP

June 24, 2026

June 24, 2026

14

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)

June 25, 2026

June 25, 2026

15

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)

June 26, 2026

June 26, 2026

16

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)

June 26, 2026

June 26, 2026

17

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)

June 26, 2026

June 26, 2026

18

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)

June 26, 2026

June 26, 2026

19

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

June 26, 2026

June 26, 2026

20

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

June 26, 2026

June 26, 2026

21

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

June 26, 2026

June 26, 2026

22

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

June 29, 2026

June 29, 2026

RECAP
23

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)

July 9, 2026

July 9, 2026

24

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

July 9, 2026

July 9, 2026

RECAP
25

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

July 16, 2026

July 16, 2026

RECAP
26

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

July 17, 2026

July 17, 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

Case Details

Other Dockets:

Eastern District of Michigan 5:26-cv-11166

Available Documents:

Complaint (any)

Trial Court Docket

Recommended Citation