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Immigration enforcement guidance for warrantless arrests falls short, federal judge says
Judge Beryl Howell said the memo failed to require officers to assess community ties, and plaintiffs cited 33 warrantless arrests.
On Thursday, Senior Judge Beryl Howell ruled that an Immigration and Customs Enforcement memo on warrantless arrests in Washington "does not properly instruct" compliance with her court order, prohibiting reliance on the guidance entirely.
Following President Donald Trump's August 2025 "crime emergency" declaration in the District, immigration officers began arresting suspected undocumented immigrants without warrants, prompting Howell to issue a preliminary injunction in December 2025.
Howell found the memo's definition of "escape risk" "flawed," noting that the guidance "simply ignores" the requirement for officers to assess a person's community ties when determining flight risk.
Shana Khader of We Are CASA said the ruling "reaffirms that the administration is not above the law," while the Department of Homeland Security responded that "ICE has authority for lawful arrests."
The decision reflects increasing judicial scrutiny of the administration's compliance with court orders, mirroring a ruling last month where another federal judge found the government violated an order restricting Pentagon press access.