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Judge Blocks ICE's Warrantless Arrest Memo in D.C.

5/8/2026

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Story summary
  • Judge Beryl A. Howell ruled that Immigration and Customs Enforcement (ICE)’s memo defining “escape risk” was legally defective.
  • She upheld a preliminary injunction that bars ICE from making warrantless arrests in Washington, D.C.
  • Case stemmed from President Donald Trump’s August 2025 crime-emergency declaration that prompted ICE to arrest undocumented individuals without warrants.
  • Four noncitizens and nonprofit CASA sued, arguing the arrests violated the injunction’s requirement of probable cause or flight-risk evidence.