Applaud Groups Challenging Warrantless ICE Arrests

Immigrant rights and legal advocacy groups are taking the federal government to court over what they describe as ICE’s “arrest first, ask questions later” policy in Maryland. We Are CASA and four Maryland residents have filed a federal lawsuit arguing that immigration agents are making warrantless arrests without meeting the requirements of federal law or the Fourth Amendment.

Federal law allows an immigration officer to make a warrantless arrest only under specific circumstances, including probable cause to believe someone is unlawfully in the country and is likely to escape before a warrant can be obtained. The groups allege that ICE has repeatedly failed to make those individualized determinations before arresting people in Maryland.

We Are CASA is joined in the case by the Amica Center for Immigrant Rights, ACLU of Maryland, and National Immigration Project. The plaintiffs are asking the court to declare the challenged practice unlawful and issue a preliminary injunction requiring ICE to comply with federal law and the Fourth Amendment when conducting warrantless arrests.

Applaud these immigrant rights groups for asking the courts to enforce constitutional and statutory protections governing warrantless arrests and ensure that immigration enforcement follows those legal requirements.