A federal judge has issued a preliminary injunction that restricts the Trump administration's ability to conduct widespread immigration arrests in Washington, D.C., without warrants or sufficient probable cause. The ruling was made late Tuesday by U.S. District Judge Beryl Howell in response to a lawsuit filed by civil liberties and immigrant rights organizations against the U.S. Department of Homeland Security (DHS).
Under existing immigration law, officers conducting civil immigration arrests generally must possess an administrative warrant. The only exception for making warrantless arrests is when there is probable cause to believe that an individual is in the U.S. illegally and poses an imminent flight risk. Judge Howell's ruling emphasizes the DHS's failure to adhere to these guidelines during operations in areas with significant Latino populations.
The American Civil Liberties Union (ACLU) and other legal representatives for the plaintiffs contended that federal immigration officers were actively patrolling Washington neighborhoods and establishing checkpoints, leading to indiscriminate stops and arrests of individuals without valid warrants or an assessment of flight risk. They presented sworn declarations from several individuals who reported being arrested under these conditions, as well as public statements from administration officials suggesting a disregard for the probable cause requirement.
In defending its practices, attorneys for the Trump administration claimed there was no policy in place that authorized the arrests without warrants. However, Judge Howell, nominated by former President Barack Obama, highlighted that the plaintiffs had demonstrated a substantial likelihood of unlawful practices, stating, “Defendants’ systemic failure to apply the probable cause standard, including the failure to consider escape risk, directly violates immigration law and the Department of Homeland Security’s implementing regulations.”
In her ruling, Judge Howell not only blocked the administration's policy but also mandated that any agent performing warrantless civil immigration arrests must document the specific facts supporting their belief that the individual was likely to flee before a warrant could be obtained. Furthermore, Howell required the government to submit this documentation to the plaintiffs’ attorneys for review, potentially enhancing transparency in the agency's operations.
This ruling mirrors similar decisions made in other federal lawsuits involving the ACLU, including cases in Colorado and California. In a related case, another judge previously issued a restraining order prohibiting federal agents in the Los Angeles area from stopping individuals based solely on their race, language, occupation, or geographical location. However, this order was lifted by the Supreme Court in September, reflecting ongoing legal battles over immigration enforcement practices.
These developments underscore the complex relationship between immigration law enforcement and civil rights, particularly in jurisdictions with significant immigrant populations. As courts increasingly scrutinize administrative policies and practices, the implications for future immigration enforcement strategies are significant.
