Judge imposes restriction on immigration arrests in capital

Late Tuesday, a federal judge issued a ruling preventing the Trump administration from conducting broad immigration arrests in the nations capital without a warrant or clear evidence that an individual poses an imminent flight risk. U.S. District Judge Beryl Howell, presiding in Washington, approved a preliminary injunction requested by civil liberties and immigrant advocacy organizations in a lawsuit targeting the U.S. Department of Homeland Security.

Typically, officers making civil immigration arrests must hold an administrative warrant. According to Howells decision, under the Immigration and Nationality Act, arrests without a warrant are permitted only when there is probable cause that a person is in the U.S. unlawfully and might flee before a warrant can be obtained.

Attorneys from the American Civil Liberties Union and other plaintiffs argued that federal officers were routinely patrolling D.C. neighborhoods with large Latino populations, establishing checkpoints, and arresting individuals indiscriminately. They submitted sworn statements from people reportedly detained without warrants or proper assessment of flight risk and highlighted public statements by administration officials suggesting probable cause standards were not consistently applied.

Government attorneys denied any policy allowing such arrests. Judge Howell, appointed by President Barack Obama, stated that the plaintiffs had demonstrated a significant likelihood of an unlawful policy and practice by the defendants involving warrantless civil immigration arrests without probable cause.

She noted, The defendants widespread failure to apply the probable cause standard, including neglecting to assess escape risk, directly contravenes immigration law and the Department of Homeland Securitys regulations.

Beyond blocking the policy, Howell mandated that any agent conducting a warrantless civil immigration arrest in Washington must document specific, particularized facts supporting the belief that the individual is likely to flee before a warrant can be obtained. This documentation must also be shared with the plaintiffs attorneys.

This decision mirrors other federal rulings involving the ACLU in Colorado and California. In Los Angeles, another judge had issued a restraining order preventing agents from stopping individuals solely based on race, language, occupation, or location after finding indiscriminate stops, though the Supreme Court later lifted that order in September.

Author: Sophia Brooks