WASHINGTON (AP) 鈥� A federal judge said Thursday that instructions received by immigration enforcement officers to make do not meet probable cause standards and should not used as guidance.
In continuing a preliminary injunction she issued in December, U.S. District Judge Beryl A. Howell in Washington, D.C., said that 鈥渨hen conducting civil immigration arrests without a warrant in this District, defendants shall not rely on the probable cause standard or analytical approach set forth in the five-page memorandum鈥� from the former acting director of .
Among the issues, the judge wrote that the instructions failed to instruct officers to assess a person’s connections to the community before concluding that person is a flight risk and therefore needs to be taken into custody immediately.
The action is the latest step in a lawsuit filed by four noncitizens and the nonprofit organization CASA in Washington in 2025 challenging their arrests during immigration sweeps by the federal agency, which were part of a law-enforcement surge ordered by President Donald Trump.
Howell approved another request by the plaintiffs seeking more records to help explain how the policy will be implemented, but she rejected some of their arguments and said the government had adhered to her preliminary injunction order on some issues.
The responded to questions about Thursday’s order in an email saying, 鈥淚CE has authority for lawful arrests.”
鈥淟aw enforcement officers use 鈥榬easonable suspicion鈥� to investigate immigration status and probable cause to make arrests consistent with the Fourth Amendment to the U.S. Constitution,” the DHS email said. 鈥漈he Supreme Court has already vindicated us on these practices.鈥�
鈥淲e got what we were asking for essentially,鈥� said Madeleine Gates, associate counsel at the Washington Lawyers鈥� Committee for Civil Rights and Urban Affairs. The ruling “reaffirms that federal agents have to comply with the law. They do not get a pass in doing immigration enforcement.鈥�
鈥淭his particular case is all about what happens at the outset, before the arrest is made,鈥� she said.
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This version corrects an earlier version that spelled Madeleine Gates incorrectly.
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