WASHINGTON (AP) — A federal judge ruled Thursday that current guidelines directing immigration officers on how to conduct arrests without warrants fail to satisfy legal requirements for probable cause and should be discontinued.
U.S. District Judge Beryl A. Howell in Washington, D.C., extended a preliminary injunction she first granted in December, stating that immigration enforcement agents operating in her district cannot use the probable cause standards outlined in a five-page directive from Immigration and Customs Enforcement’s former acting director when making civil immigration arrests without warrants.
The judge identified several problems with the guidance, particularly noting that it did not require officers to evaluate an individual’s ties to their local community before determining whether that person posed a flight risk warranting immediate detention.
This ruling represents another development in litigation brought by four non-citizens and the advocacy group CASA in Washington during 2025, challenging their detentions during federal immigration operations that were part of an enforcement initiative directed by President Donald Trump.
Judge Howell granted the plaintiffs’ request for additional documentation to clarify how the policy would be carried out, though she dismissed certain arguments and acknowledged the government had complied with portions of her earlier injunction.
When asked about Thursday’s decision, the Department of Homeland Security stated in an email that “ICE has authority for lawful arrests.”
“Law enforcement officers use ‘reasonable suspicion’ to investigate immigration status and probable cause to make arrests consistent with the Fourth Amendment to the U.S. Constitution,” the DHS statement continued. “The Supreme Court has already vindicated us on these practices.”
Madeline Gates, associate counsel with the Washington Lawyers’ Committee for Civil Rights and Urban Affairs, said “We got what we were asking for essentially.” She explained the decision “reaffirms that federal agents have to comply with the law. They do not get a pass in doing immigration enforcement.”
“This particular case is all about what happens at the outset, before the arrest is made,” Gates added.
