Judge to ICE: No Warrantless Arrests in DC Without Proof
A person with an ICE signs warns drivers not to drive further toward a checkpoint in Washington, DC, on Aug. 13, 2025. (AP Photo/Jose Luis Magana)
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A person with an ICE signs warns drivers not to drive further toward a checkpoint in Washington, DC, on Aug. 13, 2025. (AP Photo/Jose Luis Magana)
A federal judge has put a stop to the Trump administration’s practice of conducting immigration arrests in Washington, DC, without a warrant or clear evidence that a person might flee. The preliminary injunction, issued by US District Judge Beryl Howell, comes in response to a lawsuit filed by the American Civil Liberties Union and other civil-rights organizations, according to reports from Fox News and the Associated Press. Judge Howell concluded that immigration authorities were likely violating the law by making warrantless arrests without properly evaluating whether an individual posed a flight risk.
Under Howell’s order, immigration agents must now provide detailed written justification for any decision to arrest someone in the nation’s capital without a warrant. Those records must also be shared with attorneys for the plaintiffs. The decision mirrors similar rulings in Colorado and California—cases also driven by ACLU challenges—that have questioned the federal government’s methods of enforcing immigration laws.
Plaintiffs in the DC case argued that federal officers were targeting neighborhoods with large Latino immigrant communities and detaining people without the legal basis required. They submitted sworn statements from individuals arrested without warrants or flight-risk assessments, along with public comments from officials suggesting that proper standards were not being followed.
In her 88-page opinion, Judge Howell pointed to remarks from senior figures in the administration, including Trump adviser Stephen Miller and Border Patrol official Greg Bovino, who had at times encouraged agents to “push the envelope,” according to the New York Times. The administration, however, denied implementing or authorizing any policy that allowed for such arrests, Fox reported.
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