Federal Judge Rules ICE in Colorado Violated Order Limiting Warrantless Arrests

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U.S. District Senior Judge R. Brooke Jackson said Immigration and Customs Enforcement agents have violated his November order that barred them from arresting anyone without a warrant unless they had probable cause to believe a person is in the country illegally and likely to escape before officers can get a warrant. Since then, Jackson said ICE agents have violated the order by continuing to make warrantless arrests “without individualized, pre-arrest probable cause determinations of flight risk.”

The judge also ordered immigration agents who are authorized to make warrantless arrests to undergo training on the court’s orders and for the government to turn over records of such warrantless arrests. The ruling came in a lawsuit brought by the American Civil Liberties Union of Colorado over so-called collateral arrests of people accidentally caught up in immigration enforcement actions.

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In his latest ruling, Jackson concluded ICE had failed to adequately train its deportation officers on the requirements of his November court order and is now requiring such instruction within 45 days.

He also found ICE had “uniformly failed” to follow documentation requirements for warrantless arrests under his court order.

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