A federal judge has determined that instructions provided to immigration enforcement officers for conducting civil arrests without warrants do not satisfy probable cause requirements and should not be used as guidance.
Court Ruling on Arrest Standards
On Thursday, U.S. District Judge Beryl A. Howell in Washington, D.C., extended a preliminary injunction she originally issued in December. The judge stated that when making civil immigration arrests without a warrant in the District, officers must not rely on the probable cause standard or analytical approach outlined in a five-page memorandum from the former acting director of Immigration and Customs Enforcement (ICE).
Deficiencies in the Guidance
The judge noted that the instructions failed to require officers to evaluate an individual's community ties before determining that the person poses a flight risk, which would justify immediate custody. This omission undermines the constitutional standard for warrantless arrests.
Background of the Lawsuit
The ruling stems from a lawsuit filed in 2025 by four noncitizens and the nonprofit organization CASA, challenging arrests made during immigration sweeps as part of a law enforcement surge ordered by President Donald Trump. The plaintiffs argued that the arrests violated their Fourth Amendment rights.
Additional Requests and Compliance
Judge Howell granted the plaintiffs' request for more records to clarify how the policy will be implemented but rejected some arguments, noting that the government had complied with her preliminary injunction on certain issues.
Government Response
The Department of Homeland Security (DHS) responded via email, stating that ICE has authority for lawful arrests. The email emphasized that officers use reasonable suspicion to investigate immigration status and probable cause for arrests, consistent with the Fourth Amendment, and cited Supreme Court precedent supporting these practices.
Reaction from Plaintiffs' Counsel
Madeline Gates, associate counsel at the Washington Lawyers' Committee for Civil Rights and Urban Affairs, said, "We got what we were asking for essentially." She added that the ruling reaffirms that federal agents must comply with the law and do not get a pass in immigration enforcement. Gates highlighted that the case focuses on the pre-arrest stage, ensuring due process before any detention occurs.
