A federal judge ruled on Tuesday that immigration agents in Colorado may only arrest illegal immigrants without a warrant if the targets are likely to flee. This legal determination comes after a lawsuit brought by the American Civil Liberties Union of Colorado and other lawyers on behalf of four people, including asylum-seekers, who were arrested by ICE without warrants earlier this year as part of President Donald Trump’s crackdown on immigration.
The lawsuit accuses immigration agents of indiscriminately arresting Latinos to meet the Trump administration’s immigration enforcement goals without evaluating the requirements to legally detain them. Judge R. Brooke Jackson’s order emphasizes that each of the plaintiffs had long-standing ties to their communities and no reasonable agent could have believed they were likely to flee before obtaining a warrant.
Under federal law, immigration agents must have probable cause to believe someone is in the country illegally and likely to flee before a warrant can be obtained, Jackson said. The ruling also mandated that agents document the reasons for their arrests, reinforcing the need for transparency and accountability in immigration enforcement.
Department of Homeland Security spokeswoman Tricia McLaughlin criticized the decision as an ‘activist ruling,’ asserting that the department adheres to legal standards. She condemned allegations of racial profiling as ‘disgusting, reckless, and categorically FALSE,’ a stance shared by other officials within the administration.
Jackson’s ruling mirrors a similar decision in California, where the federal government has appealed the ruling. The case highlights ongoing legal battles over the scope of ICE’s authority, with the administration planning to continue challenging the decision. The ruling has implications for both legal standards and the broader debate on immigration policy in the U.S.