A federal judge in Colorado has issued a ruling that Immigration and Customs Enforcement (ICE) officers can only conduct warrantless arrests of undocumented immigrants if there is a significant risk that the individuals might flee.
U.S. District Senior Judge R. Brooke Jackson’s decision followed a lawsuit filed by the American Civil Liberties Union of Colorado and other attorneys. The case was brought on behalf of four individuals, including asylum-seekers, who were detained without warrants earlier this year during President Donald Trump’s intensified immigration enforcement campaign.
The lawsuit contends that ICE agents were indiscriminately targeting Latino individuals to fulfill the Trump administration’s immigration objectives, neglecting the legal prerequisites necessary for such detentions.
During a raid in east Denver, federal agents conducted operations across an apartment complex. (AP)
Judge Jackson highlighted that the plaintiffs in the case had established deep-rooted connections within their communities, and no reasonable agent would have believed they were at risk of fleeing, thus necessitating a warrant.
According to federal law, immigration agents need to establish probable cause that a person is unlawfully present in the country and poses a flight risk before they can proceed with an arrest without a warrant, Jackson emphasized.
Immigration agents are also required to document the reasons for arresting someone.
The judge said the plaintiffs had long ties to their communities and no reasonable agent could have believed they were likely to flee before obtaining a warrant. (Getty Images)
Department of Homeland Security spokeswoman Tricia McLaughlin called Jackson’s decision an “activist ruling” and said the department follows the law.
“Allegations that DHS law enforcement engages in ‘racial profiling’ are disgusting, reckless, and categorically FALSE,” she said in a statement.
Jackson’s ruling is similar to a separate decision issued earlier this year in a case brought by the ACLU in California involving arrests by immigration agents. The federal government has appealed that ruling.
Homeland Security spokeswoman Tricia McLaughlin called the judge’s decision an “activist ruling.” (Andrew Harrer/Bloomberg via Getty Images)
Another judge prohibited immigration agents from targeting people based solely on factors such as their race, language, job or location after concluding that agents were carrying out indiscriminate stops. The Supreme Court lifted the restraining order in that case in September.
“The Supreme Court recently vindicated us on this question elsewhere, and we look forward to further vindication in this case as well,” McLaughlin said, suggesting the administration would appeal Jackson’s ruling.
