Federal Judge Blocks Warrantless Immigration Arrests in Southern California

A federal judge has issued a preliminary injunction that restricts U.S. Immigration and Customs Enforcement (ICE) agents from conducting warrantless civil immigration arrests in the Central District of California unless the individual is deemed likely to escape before a warrant can be obtained.

U.S. District Judge Maame Ewusi-Mensah Frimpong, who was nominated by former President Joe Biden, signed the order. It states that defendants are enjoined from enforcing their policy and practice of making warrantless civil immigration arrests in the district without a prearrest individualized determination by the arresting agent or officer of probable cause that the person being arrested is likely to escape before a warrant can be obtained, as required by federal law.

"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," the judge's order noted.

The ruling applies to the Central District of California, which encompasses Los Angeles, Orange, Riverside, San Bernardino, Ventura, Santa Barbara, and San Luis Obispo counties.

"This ruling is one of the most important decisions to date in the community’s effort to end the federal government’s cruel and illegal practice of abducting people and separating them from their families," stated Mayra Joachin, senior staff attorney at the ACLU Foundation of Southern California. "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. We will closely monitor compliance with this court order, and expect the federal government to abide by it."

ICE provided a statement asserting its authority for lawful arrests as authorized under federal statute and noted that law enforcement officers use "reasonable suspicion" to investigate immigration status and probable cause to make arrests consistent with the statute and the Fourth Amendment. The agency also stated that the Supreme Court has previously upheld these practices.