A federal judge has blocked the Trump administration from making widespread immigration arrests in Washington DC without warrants or probable cause that the person is an imminent flight risk. The preliminary injunction was granted by US District Judge Beryl Howell on Tuesday in response to a lawsuit filed by civil liberties and immigrants' rights groups against the Department of Homeland Security.
The lawsuit alleged that since President Donald Trump declared an emergency in Washington in August, there has been a pattern of unlawful immigration arrests. Community members reported living in fear of being stopped while driving or walking, and many avoided daily activities to evade checkpoints and enforcement agents. The ruling stated that officers making civil immigration arrests generally need an administrative warrant, and warrantless arrests are only permitted under the Immigration and Nationality Act if there is probable cause that the person is in the US illegally and likely to escape before a warrant can be obtained.
The American Civil Liberties Union (ACLU) and other plaintiffs argued that federal officers frequently patrolled and set up checkpoints in neighbourhoods with large Latino populations, stopping and arresting people indiscriminately. They provided sworn declarations from individuals allegedly arrested without warrants or proper flight risk assessments, and cited public statements by administration officials indicating the probable cause standard was not being used. The administration denied having a policy allowing such arrests.
Ama Frimpong, legal director for immigrant advocacy organisation Casa, said the ruling brings relief to community members who have been afraid to conduct daily life. “At least being able to have this positive ruling gives hope that someone who drops off their child at school might actually make it back home instead of being unlawfully arrested,” she said. However, she noted it may take time for trust to rebuild after months of fear. Austin Rose, an attorney with Amica Center's Immigration Impact Lab, said he hopes the decision will reduce the scope of arrests and allow monitoring of compliance.
Judge Howell, a Barack Obama appointee, said the plaintiffs established a substantial likelihood of an unlawful policy and practice of warrantless arrests without probable cause. She ordered that any agent conducting a warrantless civil immigration arrest in Washington must document specific facts supporting pre-arrest probable cause of escape risk, and submit that documentation to plaintiffs' attorneys. The ruling mirrors similar injunctions in Colorado and California.
