Federal judge restricts warrantless immigration arrests in D.C.
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An ICE officer's badge and weapon on Aug. 30 in Washington, DC. Photo: Kevin Dietsch/Getty Images
A judge barred federal agents from conducting warrantless civil immigration arrests in Washington, D.C. without first establishing probable cause of a suspect's flight risk.
Why it matters: Tuesday's ruling is the latest courtroom loss for President Trump's mass deportation agenda, with U.S. District Judge Beryl Howell finding agents systematically ignored federal law in issuing arrests.
Between the lines: The administration was repeatedly undermined by its own statements, with officials boasting they used a lower legal standard than what was required for arrests, the ruling said.
- "The government's defense appears to be that the individuals behind these statements are ignorant or incompetent, or both," Howell wrote in her 88-page order.
- "This defense puts a new twist on the old saying, 'I can't believe what you say, because I see what you do,' by asserting the position 'don't believe either what we say or what we do, just trust whatever we tell you now.'"
State of play: The lawsuit was brought by immigrant advocacy group CASA, Temporary Protected Status holders and immigrant asylum seekers. They detailed about 40 of the warrantless arrests.
- Howell, an Obama appointee, said federal agents' behavior "directly violates" the law.
Friction point: DHS had claimed a recent Supreme Court order allowing stops based on reasonable suspicion, not probable cause, also applied to arrests.
By the numbers: "Since this alleged change in policy for warrantless civil immigration arrests, such arrests have proliferated," Howell wrote.
- White House officials set a daily nationwide arrest goal of 3,000 ICE arrests per day, with White House Deputy Chief of Staff Stephen Miller telling agents to "just go out there and arrest" people.
- Howell cited an analysis that found 943 immigration arrests took place in D.C. between Aug. 7 and Sept. 9.
What they're saying: "The court's ruling affirms that immigration agents are not above the law," plaintiffs and counsel said in a joint statement. "Despite the Trump administration's attempts at fear and intimidation, everyone in D.C. has rights, regardless of who they are and their immigration status, and all federal agents are required by law to respect these rights."
- "The district court's order is in defiance of clearly established law, and it will not be the last say on the matter," White House spokesperson Abigail Jackson said.
- Homeland Security spokesperson Tricia McLaughlin alleged in a statement that the case was about preventing "the Trump administration from fulfilling the President's mandate."
- "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," McLaughlin said.
Go deeper: Trump bets on local cops for help with ICE raids
Editor's note: This story has been updated with comment from the White House and the Department of Homeland Security.
