A federal judge is weighing whether to limit how Immigration and Customs Enforcement agents make arrests in Washington, D.C.
A lawsuit filed by advocacy groups — including the ACLU and CASA — challenges the Trump administration’s policy of allowing ICE to arrest people without warrants or probable cause.
The judge heard oral arguments Wednesday from the groups that sued the government, as well as attorneys representing the Department of Homeland Security. The judge asked for more information from both parties before a decision can be made.
At the center of the lawsuit is Jose Escobar Molina, an immigrant from El Salvador with temporary protected status who was arrested by ICE agents while walking in Northwest D.C. in August.
He was taken to a detention center in Chantilly, Virginia, where he was held overnight before being released the following day after it was discovered that Escobar Molina was in the country legally, the lawsuit says.
The lawsuit also includes three migrants with similar stories.
The lawsuit alleges federal agents are illegally and indiscriminately arresting people based on how they look and without probable cause.
“We were arguing for a preliminary injunction to stop making warrantless immigration arrests without probable cause,” said Aditi Shah, an attorney with ACLU of the District of Columbia. “That’s the requirement under the law, under the immigration statute that agents need to satisfy in order to make an arrest without a warrant.”
DHS sent News4 a statement, reading: “Allegations that DHS law enforcement officers engage in ‘racial profiling’ are disgusting, reckless, and categorically FALSE. What makes someone a target for immigration enforcement is if they are illegally in the U.S. — NOT their skin color, race, or ethnicity. Under the fourth amendment of the U.S. Constitution, DHS law enforcement uses ‘reasonable suspicion’ to make arrests. There are no ‘indiscriminate stops’ being made. The Supreme Court recently vindicated us on this question. DHS enforces federal immigration law without fear, favor, or prejudice.”
Lawyers suing the government say the practice of making warrantless arrests has made people in the District feel less safe.
“Kids going to school in fear, people not going to medical appointments, people being arrested on their way to church or leaving church, right,” said Austin Rose, attorney for Amica Center for Immigrant Rights. “So, this is a detriment to public safety.”
Both parties have until Tuesday to submit their additional paperwork. The judge said she will then look at things and hinted the decision could come after Thanksgiving break.
Get the D.C. area’s top news and weather delivered to your inbox every morning. Sign up for First & 4Most, our free newsletter.
Want more insights? Join Working Title - our career elevating newsletter and get the future of work delivered weekly.
