Federal judge limits ICE's warrantless arrests in DC
Federal judge limits ICE's warrantless arrests in DC
A federal judge has ruled that Immigration and Customs Enforcement officers may not arrest undocumented immigrants in D.C. without a warrant unless they can demonstrate probable cause that a crime was committed and show the person poses a flight risk.
WASHINGTON - A federal judge has ruled that Immigration and Customs Enforcement officers may not arrest undocumented immigrants in D.C. without a warrant unless they can demonstrate probable cause that a crime was committed and show the person poses a flight risk.
Big picture view:
Judge Beryl Howell issued the 88-page opinion on Tuesday night. Before the Trump administration, federal officials generally needed either a judicial warrant or supervisory approval supported by detailed identifying information, including criminal history, before detaining an undocumented immigrant.
That changed in August, when President Donald Trump declared a "crime emergency" in Washington, D.C. Following that declaration, ICE officers began conducting warrantless arrests of suspected undocumented immigrants.
In September, several immigrants represented by the advocacy group CASA filed a lawsuit seeking to block ICE from continuing those warrantless detentions. Howell sided with the plaintiffs, ordering the agency to either obtain a warrant or be able to show a fair belief that a crime has been committed before taking someone into custody.
Howell also rejected a claim often repeated by Trump administration officials: that all undocumented immigrants should be viewed as criminals. She said that "viewing all immigrants potentially subject to removal as criminals is, as a legal matter, plain wrong."
What they're saying:
CASA said one of the men involved in the lawsuit died last month after being detained while on his way to dialysis treatment.
"Because of the delay there, his family believes that because of the delay in the treatment that he experienced on his way on his way over there, he had lingering effects that carried over a few months. And unfortunately, about a week and a half ago he lost his life," said George Escobar of CASA.
Howell also criticized immigration officials in her ruling, saying, "Requiring defendants to put pen to paper and explain who made each arrest and why constitutes the bare minimum to ensure defendants are compliant with the Constitution, the [Immigration and Nationality Act], and this Court’s order, given the blatant misstatements about the INA’s requirements for such arrests repeatedly espoused by DHS high-ranking officials."
The office of D.C. Mayor Muriel Bowser declined to comment on the decision or on ICE enforcement practices in the city.