A federal judge in Southern California has issued an order stating that immigration officers cannot make arrests without a judicial warrant unless they determine that the individual in question poses a flight risk.
Details of the Judge's Order
In a preliminary ruling issued on September 2 and published on Wednesday, U.S. District Judge Maame Ewusi-Mensah Frimpong stated that the government must consider "all existing conditions for the officer" to assess the likelihood of the individual's flight before making a warrantless immigration arrest.
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Legal Background
The lawsuit was filed last fall by the American Civil Liberties Union in Southern California, public counsel, and immigrant advocacy groups in Los Angeles. The complaint came in response to an unprecedented increase in immigration enforcement in the region. The judge's order applies to the Central District of California, which includes Los Angeles, Orange, Riverside, San Bernardino, Ventura, Santa Barbara, and San Luis Obispo counties.
Frimpong also ordered the government to meticulously document potential reasons for arrests, stating that merely being in the country unlawfully cannot alone justify a warrantless arrest.
Impact of the Ruling on Immigration Policies
The judge stated in her ruling, "Without this, defendants cannot show that any arrest was justified." She denied the government's request to delay or suspend the ruling to allow time for an appeal. The U.S. Department of Homeland Security has not responded to a request for immediate comment.
The lawsuit also sought to prohibit patrols and arrests based on race, language, and occupation, and aimed to support access to legal counsel for individuals in detention.
Monitoring the Enforcement of the Ruling
Frimpong had previously issued a temporary order that limited these large-scale immigration operations, but that order was overturned by the U.S. Supreme Court last September. Justice Brett Kavanaugh stated that overt race could be a relevant factor for stopping if combined with other information.
This preliminary ruling came after a hearing on August 13, where Frimpong indicated in her initial ruling that she was inclined to rule in favor of the plaintiffs. Federal judges in Portland, Colorado, Washington D.C., and the Eastern District of California have previously blocked similar actions regarding warrantless arrests.
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Source: abcnews.com
