Federal judge in Colorado declares ICE practice of warrantless arrests illegal
A federal judge has partially granted a motion to block efforts by Immigration and Customs Enforcement to arrest immigrants without warrants in Colorado. Utah college student Caroline Dias Goncalves, detained last summer after a traffic stop in Mesa County, is a named plaintiff in the case. The lawsuit was brought by the American Civil Liberties Union.
In his ruling Federal Judge R. Brooke Jackson wrote that "Immigration officials are entrusted with enforcing immigration laws and are authorized to pursue an aggressive deportation agenda. They may arrest and initiate removal proceedings against individuals they believe are present without lawful status. But in carrying out these responsibilities, they must follow the law."
The ruling declared the practice of arresting individuals without a warrant and without making an individualized flight-risk determination "unlawful."
The ruling stated, "Plaintiffs are four individuals who had deep and longstanding ties to their communities, including parents, spouses, children, stable employment histories and active participation in their local churches," and continued, "No reasonable officer could have reasonably concluded that these plaintiffs were likely to flee before a warrant could be obtained."
In an earlier filing in the suit the U.S. Attorneys Office for Colorado said, "Congress has authorized immigration officials to interrogate individuals and to conduct arrests with or without a warrant."
The Department of Homeland Security issued a statement by Assistant Secretary Tricia McLaughlin, saying:
"This activist ruling is a brazen effort to hamstring the Trump administration from fulfilling the President's mandate to deport the worst of the worst criminal illegal aliens.
Allegations that DHS law enforcement engages in 'racial profiling' are disgusting, reckless, and categorically FALSE. What makes someone a target for immigration enforcement is if they are illegally in the U.S.—NOT their skin color, race, or ethnicity. There are no "indiscriminate" stops being made. DHS conducts enforcement operations in line with the U.S. Constitution and all applicable federal laws without fear, favor, or prejudice.
The Supreme Court recently vindicated us on this question elsewhere, and we look forward to further vindication in this case as well."
The judge ordered the government to refund the costs incurred by Ms. Dias Goncalves and the other plaintiffs in the case, "to obtain and post their bonds and shall remove their ankle monitors and terminate their reporting requirements and other conditions of release."
The judge also issued a reminder to immigration agents, "ICE shall not effect warrantless arrest in this District unless, pre-arrest, the arresting officer has probable cause to believe that the individual is in the US in violation of US Immigration laws and probable cause that the person being arrested is likely to escape before a warrant can be obtained."
The ruling orders the government to provide to the plaintiffs attorneys, and if necessary, the Court, "a subset of randomly selected Form I-213s for warrantless arrests conducted by immigration officers in this District."
The judge denied a request by the plaintiffs for ICE to show training requirements, but added "However should compliance with this Order prove elusive, plaintiffs may renew their request."
"The court has confirmed what has been enshrined in federal law for decades: ICE cannot terrify our communities with their haphazard warrantless arrests," said Tim Macdonald, ACLU of Colorado legal director. "A federal court has now declared that ICE must immediately stop these aggressive and unlawful tactics."
