法官限制在华盛顿特区逮捕移民。
Judge Restricts Immigration Arrests In DC

原始链接: https://www.zerohedge.com/political/judge-restricts-immigration-arrests-dc

华盛顿特区的一位联邦法官已下令特朗普政府停止在没有建立合理根据的情况下无证逮捕移民。贝里尔·豪威尔法官裁定,移民和海关执法局(ICE)一直在系统性地未能确定个人在无证逮捕他们*之前*是否构成逃跑风险,违反了联邦法律和国土安全部法规。 由CASA和个人原告提起的诉讼指控,对被认为具有拉丁裔血统的人进行无差别逮捕,缺乏对其法律身份或逃跑风险的个体评估。尽管政府辩称逮捕是为改善特区安全而采取的更广泛努力的一部分,但法官发现有非法行为模式的证据。 这项裁决与科罗拉多州和加利福尼亚州的类似裁决相符,尽管最高法院已暂时停止了一项关于基于种族停止的加利福尼亚州命令。司法部和国土安全部尚未对特区裁决发表评论。

相关文章

原文

Authored by Zachary Stieber via The Epoch Times (emphasis ours),

A federal judge on Dec. 2 ordered the Trump administration to stop making warrantless immigration arrests in the District of Columbia without probable cause.

Federal officers arrest a man in the District of Columbia on Aug. 30, 2025. Tasos Katopodis/Getty Images

Judge Beryl Howell of the U.S. District Court for the District of Columbia said the plaintiffs made a strong case that immigration officers have been arresting immigrants without warrants or conducting assessments to determine if each individual poses a flight risk.

Federal law states that an officer can arrest an immigrant without a warrant “if he has reason to believe that the alien so arrested is in the United States in violation of any such law or regulation and is likely to escape before a warrant can be obtained for his arrest.”

Defendants’ systemic failure to apply the probable cause standard, including the failure to consider escape risk, directly violates the clear statutory requirement,” as well as Department of Homeland Security (DHS) regulations implementing the law, Howell said in an 88-page decision.

Howell ordered the Department of Homeland Security and its divisions, including Immigration and Customs Enforcement, to stop making warrantless arrests without an individualized determination of whether the person is likely to escape before a warrant can be obtained and that the person being arrested “is in the United States in violation of law or regulation regulating the admission, exclusion, expulsion or removal of aliens.”

The Department of Justice, which represents agencies in legal cases, and the DHS did not return requests for comment on the ruling.

CASA, a Maryland-based organization that sued along with individuals who have been arrested in the nation’s capital in recent months by immigration officers, did not respond to a request for comment.

The lawsuit stated that federal agents have been “indiscriminately arresting without warrants and without probable cause District residents whom the agents perceive to be Latino” without warrants and without individualized assessments that those being arrested are illegally in the United States or likely to escape before agents can obtain a warrant.

“In some cases, officials belatedly realize that there is no legal basis to hold in custody the individual whom federal agents arrested without any individualized assessment and release them,” it stated. “Even those released from detention experience significant physical and psychological harm from their arbitrary arrest and detention, and they fear that they will experience those harms again.”

Federal officials said in court filings that, in carrying out President Donald Trump’s order to make the District of Columbia safer, they have been arresting people identified as being illegally in the country, and that Howell should not enter a preliminary injunction.

“Plaintiffs assert that ICE has a pattern and practice of acting otherwise, but that evidence consists of their individual arrest experiences, pseudonymous third-party anecdotes, and third-party statements by immigration attorneys,” officials stated. “At most, those declarations describe varying, unconnected encounters, not an official, routinely applied, district-wide warrantless arrest pattern and practice. Plaintiffs thus have not even shown an unlawful law enforcement policy—let alone that they face a ’real and immediate' threat of being harmed by it.”

Earlier this year, a federal judge in Colorado and a federal judge in California issued similar rulings. Another judge in California ordered officers not to stop people based on factors such as race. The Supreme Court put that order on hold.

Loading recommendations...

联系我们 contact @ memedata.com