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Judge Limits Immigration Arrests In DC

A federal judge late Tuesday blocked the Trump administration from making widespread immigration arrests in the nation’s capital without warrants or probable cause that the person is an imminent flight risk.

U.S. District Judge Beryl Howell in Washington granted a preliminary injunction sought by civil liberties and immigrants rights groups in a lawsuit against the U.S. Department of Homeland Security.

An email to the department after hours Tuesday was not immediately returned.

Officers making civil immigration arrests generally have to have an administrative warrant. Under the Immigration and Nationality Act, they may make arrests without a warrant only if they have probable cause to believe the person is in the U.S. illegally and is likely to escape before a warrant can be obtained, according to Howell’s ruling.

The American Civil Liberties Union and other plaintiffs’ attorneys argued federal officers were frequently patrolling and setting up checkpoints in Washington, D.C., neighborhoods with large numbers of Latino immigrants and then stopping and arresting people indiscriminately.

They provided sworn declarations from people they say were arrested without warrants or a required assessment of flight risk and cited public statements by administration officials that they said showed the administration was not using the probable cause standard.

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