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Colorado Judge Rules ICE May Make Warrantless Arrests Only When Probable Cause Shows Flight Risk

07:06 PM, 11/27/2025

Key point: A federal judge in Colorado ruled that ICE agents may conduct warrantless arrests only when they have probable cause to believe a person will flee before a warrant can be obtained, and must document that basis. The decision arose from an ACLU lawsuit alleging four migrants were arrested without warrants despite strong community ties. DHS said it may appeal.

A federal judge in Colorado has limited warrantless arrests by immigration officers, ruling that agents may detain someone without a warrant only when they have probable cause to believe the person would flee before a warrant could be obtained—and that officers must document the facts supporting that determination.

The ruling came in a lawsuit brought by the American Civil Liberties Union (ACLU) of Colorado and other attorneys, which alleges that Immigration and Customs Enforcement (ICE) agents arrested four migrants earlier this year without warrants. The plaintiffs include asylum-seekers and other long-time community members.

What the judge said

U.S. District Senior Judge R. Brooke Jackson highlighted the plaintiffs' longstanding ties to their communities and wrote that "No reasonable officer could have reasonably concluded that these plaintiffs were likely to flee before a warrant could be obtained." He underscored that "mere presence within the United States in violation of United States immigration law is not, by itself, sufficient to conclude that a person is likely to escape before a warrant for arrest can be obtained."

Judge Jackson required that officers possess probable cause of flight and that they document the factual basis for that finding before making a warrantless arrest.

The ruling also referenced the legal protections and limits surrounding ICE contact, noting the judge's concern about the harms that can flow from warrantless arrests when probable cause is not established.

Responses and context

Department of Homeland Security (DHS) spokesperson Tricia McLaughlin called the decision an "activist ruling," rejected accusations that officers engage in racial profiling, and said the government may appeal. Advocates for the plaintiffs have argued that ICE operations in Colorado have caused fear among immigrant communities and that agents were acting to meet administrative targets.

The lawsuit names four individuals: 43-year-old Refugio Ramirez Ovando, 19-year-old Caroline Dias Goncalves, a 36-year-old identified as "J.S.T.," and a 32-year-old identified as "G.R.R." Attorneys say each has lived in the United States for more than a decade.

Nationally, the decision comes amid an expansion of immigration enforcement efforts by the federal government in recent years, which has included increased ICE operations in several large cities. The ruling does not immediately change federal policy nationwide but could affect how ICE conducts arrests in Colorado and could be the subject of appeal.

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