Federal court upholds ban on warrantless immigration 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 court has upheld a ruling prohibiting Immigration and Customs Enforcement officers from arresting undocumented immigrants in Washington, D.C. without a warrant.
Judge blocks warrantless ICE arrests in DC
What we know:
Judge Beryl A. Howell issued the 45-page opinion on Friday, months after her initial ruling.
PREVIOUS COVERAGE: Federal judge limits ICE's warrantless arrests in DC
The backstory:
The dispute goes back to August 2025, when President Donald Trump declared a "crime emergency" in the District. After that declaration, immigration officers began arresting suspected undocumented immigrants without a warrant. Several immigrants and an immigrant advocacy group then sued the Trump administration over the arrests.
Howell's initial ruling in December 2025 required immigration agents to have probable cause, or sufficient evidence that a suspect would escape before officers could get a warrant. This latest ruling focuses on a memo from then-ICE Director Todd Lyons: specifically, its definition of "escape risk."
The lawsuit argued that the memo violated the initial order and that "remarkably little" had changed after it was first issued. Howell agreed, calling the memo's definition of escape risk "flawed."
What they're saying:
Immigrant advocates celebrated Thursday's ruling. Shana Khader with We Are CASA called out what she called "rampant, unlawful warrantless arrests" that have "terrorized our communities."
"The government's flagrant violation of the law has real human consequences, and the court today has sent a powerful message that the government cannot sidestep the law," Khader said.
Aditi Shah with the American Civil Liberties Union in D.C. was one of the attorneys who argued the case. She said that Thursday's ruling "recognized that the Trump administration violated the preliminary injunction order. Today’s order reaffirms that the administration is not above the law."
The Source: Information in this story is from the Associated Press, We are CASA, the American Civil Liberties Union and previous FOX 5 DC reporting.