Federal Judge Blocks DHS From Making Warrantless Immigration Arrests In D.C.; Finds Probable-Cause Standard Ignored

Federal Court Orders Halt To Warrantless Immigration Arrests In Washington, D.C.

A federal judge on Tuesday granted a preliminary injunction against the Department of Homeland Security (DHS), finding that the agency has been carrying out warrantless immigration arrests in Washington, D.C., without the probable cause required under federal law. The order directs DHS to stop those arrests, report the factual basis for past and future detentions in the District, and instruct agents that probable cause—not mere reasonable suspicion—is the correct standard for arrests.

Background Of The Lawsuit

The legal challenge began in August after federal authorities increased their presence in parts of the District. Five plaintiffs sued, alleging unlawful immigration-related arrests. Under federal statute, immigration officers may make a warrantless arrest only if they have "reason to believe" a person is unlawfully in the United States and likely to flee before a warrant can be obtained. Plaintiffs said that in four of the case's arrests, officers did not ask about immigration status or assess flight risk before detaining people; those four were later released.

What The Court Found

Judge Beryl A. Howell concluded that DHS adopted a practice of conducting warrantless immigration arrests without establishing probable cause, a practice she wrote conflicts with federal law and "well-settled constitutional principles" and amounts to an "abandonment of the probable cause standard." The court cited roughly forty sworn declarations describing arrests made without any questions about flight risk or legal status and evaluated public statements from DHS officials defending a lower standard.

"An agency cannot conflate 'reasonable suspicion' with the probable cause required for arrests," the opinion noted.

Public Statements And Agency Guidance

In its defense, DHS pointed to a 2022 directive to Immigration and Customs Enforcement (ICE) and to annual trainings advising agents to consider the likelihood of escape before making a warrantless arrest. But the court weighed public communications that blurred legal standards—most notably an agency post on X (formerly Twitter) calling the allegations "disgusting, reckless, and categorically FALSE" and defending arrests based on "reasonable suspicion." Assistant Secretary for Public Affairs Tricia McLaughlin reiterated similar language in public statements.

Judge Howell also referenced remarks by Chief Border Patrol Agent Gregory Bovino, who said publicly, "We need reasonable suspicion to make an immigration arrest....You notice I did not say probable cause, nor did I say I need a warrant." The court cited an additional episode in which a former acting U.S. attorney reportedly told Bovino that civil immigration arrests required probable cause and was later dismissed.

Broader Litigation Context

The D.C. ruling follows other court actions scrutinizing immigration arrests under the current enforcement campaign. In November, a federal judge in Chicago ordered the release of more than 600 detainees after finding officers had not established probable cause for warrantless arrests, and that conduct violated both federal law and a 2022 consent decree addressing prior practices.

Implications

The injunction requires DHS to clarify arrest standards to agents and to report factual details about arrests in the District. The decision underscores judicial scrutiny of immigration-enforcement tactics and reinforces the legal distinction between the lower standard for brief stops (reasonable suspicion) and the higher standard required to deprive someone of liberty by arrest (probable cause).

Key names: Judge Beryl A. Howell; DHS; ICE; Assistant Secretary Tricia McLaughlin; Chief Border Patrol Agent Gregory Bovino.