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Federal Judge Limits Warrantless ICE Arrests in Colorado to Those Likely to Flee

A federal judge in Denver ruled that immigration officers in Colorado may make warrantless arrests only when they have probable cause that a person is both unlawfully present and likely to flee. The order came in a lawsuit from the ACLU of Colorado on behalf of four people, including asylum-seekers, detained during stepped-up enforcement. Judge R. Brooke Jackson also required officers to document reasons for warrantless arrests. The Department of Homeland Security criticized the ruling and signaled an appeal.

01:43 PM, 11/26/2025Politics
Federal Judge Limits Warrantless ICE Arrests in Colorado to Those Likely to Flee

A federal judge in Denver ruled that immigration officers in Colorado may arrest someone without a warrant only when they have probable cause to believe the person is both unlawfully in the United States and likely to flee before an arrest warrant can be obtained.

U.S. District Senior Judge R. Brooke Jackson issued the order in response to a lawsuit brought by the American Civil Liberties Union of Colorado and private attorneys. The plaintiffs include four people — among them asylum-seekers — who were detained earlier this year by U.S. Immigration and Customs Enforcement during stepped-up enforcement operations.

The complaint alleges that some immigration agents carried out arrests of Latinos indiscriminately to meet enforcement targets, without the legal evaluation required before detaining a person. Jackson found that each plaintiff had longstanding community ties and that a reasonable officer could not have concluded they were likely to flee prior to seeking an arrest warrant.

Under the judge's reading of federal law, officers must have probable cause for two elements before effecting a warrantless arrest: that the individual is present in the country unlawfully and that the person is likely to flee. Jackson also ordered that officers document the factual reasons supporting any decision to arrest without a warrant.

Tricia McLaughlin, a Department of Homeland Security spokeswoman, criticized the ruling as an "activist ruling" and said the department follows the law. She called allegations of racial profiling "disgusting, reckless, and categorically FALSE."

The Colorado decision parallels an earlier ruling this year in California, brought by another ACLU chapter, involving Border Patrol arrests; the government has appealed that judgment. Separately, a judge in the Los Angeles area previously issued a restraining order barring federal agents from stopping people based solely on race, language, occupation or location after finding indiscriminate stops. The Supreme Court later lifted that order in September.

McLaughlin indicated the federal government will likely appeal the Colorado decision, saying the administration expects further judicial review and relief.

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