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Posted on 12/04/2025 9:50:01 AM PST by SeekAndFind
A federal judge on Dec. 2 ordered the Trump administration to stop making warrantless immigration arrests in the District of Columbia without probable cause.
Judge Beryl Howell of the U.S. District Court for the District of Columbia said the plaintiffs made a strong case that immigration officers have been arresting immigrants without warrants or conducting assessments to determine if each individual poses a flight risk.
Federal law states that an officer can arrest an immigrant without a warrant “if he has reason to believe that the alien so arrested is in the United States in violation of any such law or regulation and is likely to escape before a warrant can be obtained for his arrest.”
“Defendants’ systemic failure to apply the probable cause standard, including the failure to consider escape risk, directly violates the clear statutory requirement,” as well as Department of Homeland Security (DHS) regulations implementing the law, Howell said in an 88-page decision.
Howell ordered the Department of Homeland Security and its divisions, including Immigration and Customs Enforcement, to stop making warrantless arrests without an individualized determination of whether the person is likely to escape before a warrant can be obtained and that the person being arrested “is in the United States in violation of law or regulation regulating the admission, exclusion, expulsion or removal of aliens.”
DHS spokeswoman Tricia McLaughlin told The Epoch Times in an email: “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.”
CASA, a Maryland-based organization that sued along with individuals who have been arrested in the nation’s capital in recent months by immigration officers, did not respond to a request for comment.
The lawsuit stated that federal agents have been “indiscriminately arresting without warrants and without probable cause District residents whom the agents perceive to be Latino” without warrants and without individualized assessments that those being arrested are illegally in the United States or likely to escape before agents can obtain a warrant.
“In some cases, officials belatedly realize that there is no legal basis to hold in custody the individual whom federal agents arrested without any individualized assessment and release them,” it stated. “Even those released from detention experience significant physical and psychological harm from their arbitrary arrest and detention, and they fear that they will experience those harms again.”
Federal officials said in court filings that, in carrying out President Donald Trump’s order to make the District of Columbia safer, they have been arresting people identified as being illegally in the country, and that Howell should not enter a preliminary injunction.
“Plaintiffs assert that ICE has a pattern and practice of acting otherwise, but that evidence consists of their individual arrest experiences, pseudonymous third-party anecdotes, and third-party statements by immigration attorneys,” officials stated. “At most, those declarations describe varying, unconnected encounters, not an official, routinely applied, district-wide warrantless arrest pattern and practice. Plaintiffs thus have not even shown an unlawful law enforcement policy—let alone that they face a ’real and immediate' threat of being harmed by it.”
Earlier this year, a federal judge in Colorado and a federal judge in California issued similar rulings. Another judge in California ordered officers not to stop people based on factors such as race. The Supreme Court put that order on hold.
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Has no jurisdiction on federal immigration laws.
No can do Beryl!
Pack that black-robed, tyrant POS up right along with the deportees they love so much....and NEVER to return
Zachary Stieber misspelled “Stooge”.
Beryl Howell is a DNC/Democrap Party stooge installed by Benedict Obama.
Been here illegally is a federal crime. Just holler “ICE!” and if anyone runs, there’s your probable cause.
Funny how Barrel of Howls is still on the Federal bench.
She not only gave no mercy to the J6’s, she basically made up new law to imprison them and convict them for years.
The result is that even the judges on the DC Circuit are uncomfortable around her: she’s obviously a deranged partisan making up laws from the bench. They even had a name for it if everyone wants to remember: “Howells Rules”.
Ridiculous Republicans can’t even muster an impeachment charge. Boasberg has been running circles around them for years now and they just barely have the nuts to go after him. Howell and Boasberg should both be deported right after they do a 25 year stint in DC lockup for abuse of power, deprivation of rights under color of law, ethics violations, on and on.
But I guess Meek Mike still likes getting invited to the DC Bar Association lunches.
F yourself. BERYL. YOU NEED AN EXORCISM BY YOUR RABBI.
When someone enters illeglly they break the law.
That is probable cause.
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