Judge issues injunction restricting immigration arrests in nation’s capital
Advertisement
Read this article for free:
or
Already have an account? Log in here »
To continue reading, please subscribe:
Monthly Digital Subscription
$0 for the first 4 weeks*
- Enjoy unlimited reading on winnipegfreepress.com
- Read the E-Edition, our digital replica newspaper
- Access News Break, our award-winning app
- Play interactive puzzles
*No charge for 4 weeks then price increases to the regular rate of $19.00 plus GST every four weeks. Offer available to new and qualified returning subscribers only. Cancel any time.
Monthly Digital Subscription
$4.75/week*
- Enjoy unlimited reading on winnipegfreepress.com
- Read the E-Edition, our digital replica newspaper
- Access News Break, our award-winning app
- Play interactive puzzles
*Billed as $19 plus GST every four weeks. Cancel any time.
To continue reading, please subscribe:
Add Free Press access to your Brandon Sun subscription for only an additional
$1 for the first 4 weeks*
*Your next subscription payment will increase by $1.00 and you will be charged $16.99 plus GST for four weeks. After four weeks, your payment will increase to $23.99 plus GST every four weeks.
Read unlimited articles for free today:
or
Already have an account? Log in here »
A federal judge late Tuesday blocked the Trump administration from making widespread immigration arrests in the nation’s capital without warrants or probable cause that the person is an imminent flight risk.
U.S. District Judge Beryl Howell in Washington granted a preliminary injunction sought by civil liberties and immigrants rights groups in a lawsuit against the U.S. Department of Homeland Security.
An email to the department after hours Tuesday was not immediately returned.
Officers making civil immigration arrests generally have to have an administrative warrant. Under the Immigration and Nationality Act, they may make arrests without a warrant only if they have probable cause to believe the person is in the U.S. illegally and is likely to escape before a warrant can be obtained, according to Howell’s ruling.
The American Civil Liberties Union and other plaintiffs’ attorneys argued federal officers were frequently patrolling and setting up checkpoints in Washington, D.C., neighborhoods with large numbers of Latino immigrants and then stopping and arresting people indiscriminately.
They provided sworn declarations from people they say were arrested without warrants or a required assessment of flight risk and cited public statements by administration officials that they said showed the administration was not using the probable cause standard.
Attorneys for the administration denied it had a policy allowing such arrests.
Howell, who was nominated to the bench by President Barack Obama, a Democrat, said the plaintiffs had “established a substantial likelihood of an unlawful policy and practice by defendants of conducting warrantless civil immigration arrests without probable cause.”
“Defendants’ systemic failure to apply the probable cause standard, including the failure to consider escape risk, directly violates” immigration law and the Department of Homeland Security’s implementing regulations, she said.
In addition to blocking the policy, she ordered any agent who conducts a warrantless civil immigration arrest in Washington to document “the specific, particularized facts that supported the agent’s pre-arrest probable cause to believe that the person is likely to escape before a warrant can be obtained.”
Howell also required the government to submit that documentation to plaintiffs’ attorneys.
The ruling is similar to two others in federal lawsuits that also involved the ACLU, one in Colorado and another in California.
Another judge had issued a restraining order barring federal agents from stopping people based solely on their race, language, job or location in the Los Angeles area after finding that they were conducting indiscriminate stops, but the Supreme Court lifted that order in September.