Judge blocks warrantless arrests

A federal judge in California blocked ICE from making warrantless arrests without first checking if the person is likely to escape.

“Mere presence within the United States in violation of United States immigration law is not, by itself, sufficient to conclude that a person is likely to escape before a warrant for arrest can be obtained”

ICE agents must assess escape risk

ICE agents now need to determine if an arrestee is likely to escape before making a warrantless arrest.

Judge's order requires escape checks

The ruling requires agents to make an individualized escape risk determination before arresting someone without a warrant.

Judge appointed by Biden

U.S. District Judge Maame Ewusi-Mensah Frimpong was nominated by President Joe Biden.

ACLU supports ruling

The ACLU of Southern California called the ruling a major step to end unlawful immigration arrests.

“By requiring immigration agents to follow the law’s requirement to make escape risk determinations before they can arrest someone without a warrant, this court order should put an end to hundreds, if not more, of unlawful arrests that continue throughout Southern California”

Department of Homeland Security response

The Department of Homeland Security stated ICE follows legal procedures for immigration arrests.

“ICE has authority for lawful arrests where authorized under 8 USC 1357. Law enforcement officers use 'reasonable suspicion' to investigate immigration status and probable cause to make arrests consistent with the statute and the Fourth Amendment to the U.S. Constitution”