Judge issues injunction restricting immigration arrests - DC

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A federal judge late Tuesday blocked the Trump administration from making widespread immigration arrests in the nation's capital without warrants or probable cause that the person is an imminent flight risk.

U.S. District Judge Beryl Howell in Washington granted a preliminary injunction sought by civil liberties and immigrants rights groups in a lawsuit against the U.S. Department of Homeland Security.

Officers making civil immigration arrests generally have to have an administrative warrant. Under the Immigration and Nationality Act, they may make arrests without a warrant only if they have probable cause to believe the person is in the U.S. illegally and is likely to escape before a warrant can be obtained, according to Howell's ruling.

The American Civil Liberties Union and other plaintiffs' attorneys argued federal officers were frequently patrolling and setting up checkpoints in Washington, D.C., neighborhoods with large numbers of Latino immigrants and then stopping and arresting people indiscriminately.

They provided sworn declarations from people they say were arrested without warrants or a required assessment of flight risk and cited public statements by administration officials that they said showed the administration was not using the probable cause standard.

Attorneys for the administration denied it had a policy allowing such arrests.

“Contrary to the plaintiffs’ baseless claims, what makes someone a target for immigration enforcement is if they are illegally in the U.S.—NOT their skin color, race, or ethnicity,” DHS Assistant Secretary Tricia McLaughlin said in a statement. “Allegations that DHS law enforcement engages in ‘racial profiling’ are disgusting, reckless, and categorically FALSE. Worse, smears like those are driving a 1,150% increase in assaults on ICE officers and the 8000% increase in death threats against them.”

McLaughlin added that the case was being driven by “open-borders groups and activist judges,” without naming specific groups or judges. “DHS conducts enforcement operations in line with the U.S. Constitution and all applicable federal laws without fear, favor, or prejudice and will continue to do so,” she said.

The ruling is similar to two others in federal lawsuits that also involved the ACLU, one in Colorado and another in California.