Judge Blocks Warrantless Immigration Arrests in Washington

December 5, 2025

A federal judge in Washington, D.C. has issued a preliminary injunction significantly restricting how immigration authorities can conduct arrests in the District, finding evidence of systematic violations of legal standards. Judge Beryl Howell determined that immigration officers had been conducting widespread warrantless arrests in predominantly Latino neighborhoods without properly establishing that individuals posed a flight risk, as required by law. The ruling mandates that agents must now document specific facts justifying probable cause and flight risk for any warrantless arrest, with that documentation shared with plaintiff attorneys.

Who is affected

Residents of District of Columbia neighborhoods with large Latino populations
Immigration officers and federal agents conducting arrests in Washington, D.C.
Civil liberties groups challenging the arrest practices
Over 90 immigration judges terminated this year, including more than 14 tenured judges dismissed in recent weeks
Jeremiah Johnson, a recently terminated immigration judge with seven years on the bench
Department of Homeland Security and Immigration and Customs Enforcement
Rep. Juan Vargas and Sen. Adam Schiff (as legislative responders)

What action is being taken

Judge Beryl Howell has issued a preliminary injunction prohibiting warrantless immigration arrests unless probable cause of both illegal presence and flight risk is established
Federal agents making warrantless arrests must now document specific facts supporting probable cause and share that documentation with plaintiff attorneys
The administration is carrying out a sweeping overhaul of immigration courts and enforcement practices
Rep. Juan Vargas and Sen. Adam Schiff are introducing legislation to limit who can be appointed as temporary immigration judges

Why it matters

This ruling matters because it addresses systematic violations of constitutional and statutory requirements for immigration arrests, protecting residents from unlawful detention. The decision reveals that immigration authorities conducted 943 arrests between August 7 and September 9, representing over 40% of all citywide arrests during that period, suggesting an enforcement campaign that potentially swept up individuals without proper legal justification. The broader context of mass judge terminations and replacement with military lawyers lacking immigration law experience raises significant due process concerns that fundamentally impact the justice system's fairness and integrity. The ruling establishes accountability measures requiring documentation and transparency, which the judge characterized as "the bare minimum to ensure defendants are compliant with the Constitution."

What's next

The government must share documentation of probable cause with plaintiff attorneys for any warrantless arrests going forward
Legislation introduced by Rep. Vargas and Sen. Schiff limiting temporary immigration judge appointments will proceed through Congress
The Department of Homeland Security may respond to Judge Howell's ruling (no response had been provided at the time of the article)

Read full article from source: The Washington Informer