Federal judge ties ICE agents' hands with ruling on warrantless Southern California arrests
A federal judge with the U.S. District Court for the Central District of California issued a preliminary injunction to block the U.S. government from conducting warrantless civil immigration arrests in the district unless the arrestee is deemed likely to escape before a warrant can be procured.
"Defendants are enjoined from enforcing their policy and practice of making warrantless civil immigration arrests in this 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 8 U.S.C. 1357(a)(2) and 8 C.F.R. § 287.8(c)(2)," the order signed by U.S. District Judge Maame Ewusi-Mensah Frimpong reads, in part.
Frimpong was nominated by former President Joe Biden during his White House tenure.
"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 notes.
The U.S. District Court for the Central District of California encompasses the following counties: 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," ACLU Foundation of Southern California senior staff attorney Mayra Joachin declared in a statement.
"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," Joachin added.
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The Department of Homeland Security provided Fox News Digital with the following statement on Thursday: "ICE has authority for lawful arrests where authorized under 8 USC 1357. Law enforcement officers use 'reasonable suspicion' to investigate immigration status and probable cause to make arrests consistent with the statute and the Fourth Amendment to the U.S. Constitution. The Supreme Court has already vindicated us on these practices."