WASHINGTON, D.C. — A federal judge on Tuesday blocked the Trump administration from conducting broad warrantless immigration arrests in the nation’s capital, ruling that federal officers must meet legal standards requiring probable cause and an imminent flight risk before detaining individuals without a warrant. The preliminary injunction was issued by U.S. District Judge Beryl Howell, who said plaintiffs had shown substantial evidence of an unlawful policy.
The lawsuit, brought by the American Civil Liberties Union (ACLU) and immigrant rights organizations, argued that Department of Homeland Security officers were patrolling predominantly Latino neighborhoods, setting up checkpoints, and making arrests without warrants or individualized assessments. The plaintiffs presented sworn statements from residents describing encounters with federal agents and cited remarks from administration officials suggesting a departure from statutory requirements.
Under the Immigration and Nationality Act, officers may arrest without a warrant only if they believe a person is in the U.S. unlawfully and is likely to escape before a warrant can be obtained. Howell wrote that DHS showed a “systemic failure” to apply that standard. The administration denied having any policy permitting indiscriminate arrests.
The injunction requires DHS agents conducting warrantless arrests in Washington to document specific facts supporting probable cause and an escape risk, and mandates that the government share those records with plaintiffs’ attorneys. Similar rulings have been issued in Colorado and California in cases also involving the ACLU.
A previous restraining order in Los Angeles barring race- or language-based stops was lifted by the Supreme Court in September.
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