Washtenaw County officials are playing hard ball with federal officials, saying they won’t voluntarily provide information on a county-issued photo ID program that serves the immigrant community and others.
The Detroit News reported in April the U.S. Department of Homeland Security issued a federal administrative subpoena and summons for records on the county ID program.
On Tuesday, May 6, an attorney representing the county submitted a letter to DHS saying the county objects to the subpoena and doesn’t plan to turn over the records, which MLive/The Ann Arbor News obtained through a Freedom of Information Act request.
The subpoena included internal policies related to the Washtenaw County ID — a program that provides government-issued identification cards to undocumented immigrants, homeless and seniors among its users.
“The County respectfully declines to voluntarily comply with the Subpoena, i.e., absent a final, unappealable order issued by a court of competent jurisdiction,” attorney Nicholas Gamse of D.C. law firm Williams and Connolly LLP, wrote on behalf of the county clerk’s office in the response, as reported by MLive.
“The County otherwise reserves its multiple objections to the Subpoena,” Gamse continued in the response letter.
On April 10, U.S. Department of Homeland Security officials also served the county with a notice of inspection of I-9 forms, which are used by employers to determine eligibility or work authorization. County officials decided to provide the requested information after consulting with legal counsel.
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The Washtenaw County Board of Commissioners established the County ID Card Program Policy in November 2014, providing photo identification to residents age 11 and older. The ID cards are issued through the county clerk’s vital records office.
The DHS subpoena states an official investigation is being conducted by Homeland Security Investigations and includes “any and all records BETWEEN MAY 1, 2019 AND APRIL 10, 2025 pertaining to the issuance and/or the application for a Washtenaw County identification Card.”
DHS is demanding all documents provided to the county for ID eligibility, according to the subpoena.
In response, the county retained Williams and Connolly LLP, a high-profile Washington, D.C. law firm which has taken on high-profile cases, including the defense of former President Bill Clinton’s impeachment, MLive reported in April.
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“As far as we’re concerned, that’s the end of it, but whatever happens depends on how DHS wants to follow up with our decision,” County Commissioner and board chair Katie Scott, D-Ann Arbor, told MLive.
Scott said, as far as she’s aware, the county has not received any response back from DHS since the county’s May 6 response letter.
“We have Williams and Connolly ready to go if we do hear anything,” she said.
The ID cards can be used as an alternative form of identification for people who don’t have a state driver’s license or ID. They are issued to illegal immigrants, seniors, homeless individuals and people who were incarcerated.
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The cards provide a means of “proving residency in the County for the purpose of accessing County programs, services and activities, and providing identification to law enforcement,” according to the county.
Immigration and Customs Enforcement agents arrived at the Washtenaw County Clerk’s Office located on Main Street in downtown Ann Arbor on April 10. The subpoena was signed by Deputy Special Agent Jared Murphey, but was not signed by a judge or an attorney, the county’s legal team noted.
DHS warned county officials failure to comply may subject the county to an order of contempt by a federal District Court.
Washtenaw County is one of the most liberal counties in Michigan, with a pansexual sheriff who has openly said her department won’t cooperate with ICE agents.
In addition, many county residents have packed county board meetings, pleading with officials to protect the immigrant community. Some have urged county officials to resist any demands from federal immigration enforcement officials, MLive reports.