A federal judge in Washington DC has blocked the Trump administration from carrying out widespread immigration arrests without warrants or probable cause in the nation's capital. The preliminary injunction, granted on Tuesday by US District Judge Beryl Howell, responds 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, federal officers have engaged in a pattern of unlawful arrests, setting up checkpoints in Latino neighbourhoods and stopping individuals without proper legal grounds. Community members reported living in fear of being detained while driving or walking, and many avoided daily activities such as going to work or taking children to school.
Under the Immigration and Nationality Act, officers may make civil immigration arrests without a warrant only if they have probable cause to believe the person is in the country illegally and is likely to escape before a warrant can be obtained. Judge Howell, an Obama appointee, ruled that the administration had 'established a substantial likelihood of an unlawful policy and practice' violating this standard.
Ama Frimpong, legal director of the advocacy organisation Casa, said the ruling offers relief to community members who have been afraid to conduct normal 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,' she said. However, she noted that trust may take time to rebuild after months of fear.
The judge ordered that any agent conducting a warrantless civil immigration arrest in Washington must document the specific facts supporting probable cause of escape risk, and submit that documentation to the plaintiffs' attorneys. The ruling follows similar injunctions in Colorado and California in related cases.
