Domain: tiger-web1.srvr.media3.us Judge restricts warrantless immigration arrests in DC | Political Talk
Page 1
Page 1
Started By
Message

Judge restricts warrantless immigration arrests in DC

Posted on 12/3/25 at 10:47 am
Posted by Jbird
Shoot the tires out!
Member since Oct 2012
87857 posts
Posted on 12/3/25 at 10:47 am

Barack the Benevolent judge
quote:

A federal judge on Tuesday limited the extent to which immigration officers in Washington, D.C., can make warrantless arrests, allowing the move only if they believe a migrant is likely to swiftly flee.

U.S. District Judge Beryl Howell said in her 88-page ruling that the law only allows arrests without a warrant when immigration officers have probable cause indicating that someone is in the country illegally and likely to escape.


quote:

“Put simply, immigration enforcement officers may conduct a warrantless civil immigration arrest only if they have probable cause to believe that a person is both in the United States unlawfully and an escape risk,” Howell wrote.


LINK
Posted by AubieinNC2009
Mountain NC
Member since Dec 2018
7186 posts
Posted on 12/3/25 at 10:52 am to
these are all just grandstanding rulings.

If they have ever missed a meeting or have a deportation order it seems like pretty good probable cause.
Posted by I20goon
about 7mi down a dirt road
Member since Aug 2013
19829 posts
Posted on 12/3/25 at 10:59 am to
quote:

U.S. District Judge Beryl Howell said in her 88-page ruling that the law only allows arrests without a warrant when immigration officers have probable cause indicating that someone is in the country illegally and likely to escape.
how about the law that says an illegal immigrant with a criminal record SHALL be detained? not may be. Shall.

hmmmmmm?
Posted by Jbird
Shoot the tires out!
Member since Oct 2012
87857 posts
Posted on 12/3/25 at 11:00 am to
(no message)
Posted by Nosevens
Member since Apr 2019
18198 posts
Posted on 12/3/25 at 11:09 am to
He must have been told he too can be president
Posted by Jbird
Shoot the tires out!
Member since Oct 2012
87857 posts
Posted on 12/3/25 at 11:10 am to
She Beryl is an ugly white woman.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
471567 posts
Posted on 12/3/25 at 11:12 am to
quote:

If they have ever missed a meeting or have a deportation order it seems like pretty good probable cause.

The issue is knowing this about randos LEO is just interacting with.

How would an LEO know a random Latino had a deportation order by just looking at him/her?

If it's a specifically-targeted individual? Different story, but this ruling doesn't seem to apply there, as there is PC for those individuals established pre-detention.
Posted by Nosevens
Member since Apr 2019
18198 posts
Posted on 12/3/25 at 11:21 am to
Considering the actions ugly outside or inside erases and gender identity anyway. They are but disciples of Molock.
Posted by Bard
Definitely NOT an admin
Member since Oct 2008
58574 posts
Posted on 12/3/25 at 11:22 am to
quote:

U.S. District Judge Beryl Howell said in her 88-page ruling that the law only allows arrests without a warrant when immigration officers have probable cause indicating that someone is in the country illegally and likely to escape.


There are already laws governing this: 8 USC 1182: Inadmissible aliens & 8 USC 1357: Powers of immigration officers and employees.

Specifically...

quote:

§1357. Powers of immigration officers and employees
(a) Powers without warrant
Any officer or employee of the Service authorized under regulations prescribed by the Attorney General shall have power without warrant-

(1) to interrogate any alien or person believed to be an alien as to his right to be or to remain in the United States;

(2) to arrest any alien who in his presence or view is entering or attempting to enter the United States in violation of any law or regulation made in pursuance of law regulating the admission, exclusion, expulsion, or removal of aliens, or to arrest any alien in the United States, if he has reason to believe that the alien so arrested is in the United States in violation of any such law or regulation and is likely to escape before a warrant can be obtained for his arrest, but the alien arrested shall be taken without unnecessary delay for examination before an officer of the Service having authority to examine aliens as to their right to enter or remain in the United States;

(3) within a reasonable distance from any external boundary of the United States, to board and search for aliens any vessel within the territorial waters of the United States and any railway car, aircraft, conveyance, or vehicle, and within a distance of twenty-five miles from any such external boundary to have access to private lands, but not dwellings, for the purpose of patrolling the border to prevent the illegal entry of aliens into the United States;

(4) to make arrests for felonies which have been committed and which are cognizable under any law of the United States regulating the admission, exclusion, expulsion, or removal of aliens, if he has reason to believe that the person so arrested is guilty of such felony and if there is likelihood of the person escaping before a warrant can be obtained for his arrest, but the person arrested shall be taken without unnecessary delay before the nearest available officer empowered to commit persons charged with offenses against the laws of the United States; and

(5) to make arrests-

(A) for any offense against the United States, if the offense is committed in the officer's or employee's presence, or

(B) for any felony cognizable under the laws of the United States, if the officer or employee has reasonable grounds to believe that the person to be arrested has committed or is committing such a felony,


if the officer or employee is performing duties relating to the enforcement of the immigration laws at the time of the arrest and if there is a likelihood of the person escaping before a warrant can be obtained for his arrest.


Any ruling which goes beyond that is essentially legislating from the bench and is thus verboten.
Posted by Jbird
Shoot the tires out!
Member since Oct 2012
87857 posts
Posted on 12/3/25 at 11:22 am to
quote:

Any ruling which goes beyond that is essentially legislating from the bench and is thus verboten.

Not for the Boasberg class of Dem judges!
Posted by Tarps99
Lafourche Parish
Member since Apr 2017
12150 posts
Posted on 12/3/25 at 11:31 am to
quote:

88-page ruling


Why did she need 88 pages?

No wonder the judiciary is a laughing stock.

While her and her law clerks were writing this monstrosity how many criminal trials were delayed and cases held up so they could write a sequel to War and Peace.
Posted by JimEverett
Member since May 2020
2119 posts
Posted on 12/3/25 at 11:39 am to
The question was: what is the standard for "reason to believe" found in 1357(a)(2)?

The government wanted a "reasonable suspicion" standard. Judge Howell says it is a "probable cause" standard.

This post was edited on 12/3/25 at 11:45 am
Posted by TrueTiger
Chicken's most valuable
Member since Sep 2004
81341 posts
Posted on 12/3/25 at 11:47 am to

The length these leftists will go to to protect illegals reeks of desperation. Like their survival depends on it.

It is 180 degrees opposite of what many of them were saying just 20 years ago (Obama, Schumer).
Posted by prplhze2000
Parts Unknown
Member since Jan 2007
57592 posts
Posted on 12/3/25 at 11:48 am to
Why does she need 88 pages?

She is trying to protect herself on appeal.
Posted by The Torch
DFW The Dub
Member since Aug 2014
28817 posts
Posted on 12/3/25 at 11:53 am to
So these judges think they can just change laws at their discretion ?
Posted by Jbird
Shoot the tires out!
Member since Oct 2012
87857 posts
Posted on 12/3/25 at 11:54 am to
quote:

So these judges think they can just change laws at their discretion ?

Well look at who appointed them.
Posted by TigerAxeOK
Where I lay my head is home.
Member since Dec 2016
36877 posts
Posted on 12/3/25 at 12:16 pm to
quote:

"Put simply, immigration enforcement officers may conduct a warrantless civil immigration arrest only if they have probable cause to believe that a person is both in the United States unlawfully and an escape risk,”

Ok.

ICE: "They were at risk of escape, and our basis for believing that is that they speak literally zero English."

Judge: Upon what logic do you base this claim?

ICE: "Because they entered here illegally, remained here illegally, and do not intend to be removed legally. Someone here legally would have at least attempted to learn rudimentary spoken language skills to assimilate into the society they have joined."

Judge: "shite. I am going to argue with that anyway, but you're correct."

ICE: [Chuckes in Tom Homan and deports arrestee.]

Judge: [issues another unconstitutional injunction against the Trump Administration. ]
Posted by udtiger
Over your left shoulder
Member since Nov 2006
114018 posts
Posted on 12/3/25 at 12:25 pm to
quote:

Beryl Howell


Worthless cuunt
Posted by Bard
Definitely NOT an admin
Member since Oct 2008
58574 posts
Posted on 12/3/25 at 12:35 pm to
quote:

The government wanted a "reasonable suspicion" standard. Judge Howell says it is a "probable cause" standard.


For those wondering:

Reasonable Suspicion - Fair probability (based on specific, articulable facts) that criminal activity may be afoot (Terry v. Ohio, 1968).

Probable Cause - Fair probability (based on the totality of facts) that a crime has been committed and that the person/item to be seized committed it or contains evidence of it (Illinois v. Gates, 1983).

The problem for Judge Howell is that SCOTUS has already determined that the standard is "reasonable suspicion": United States v. Brignoni-Ponce & United States v. Martinez-Fuerte.

Those two cases set up the standard by which illegals can be briefly detained and questioned:

-Admission of unlawful presence
-Inability to produce any identification or immigration documents when asked (after lawful stop for another reason)
-Evasive or inconsistent answers about citizenship/status
-Presence in a known human-smuggling stash house, convoy, or drop-off location
-Flight upon seeing law enforcement in a border context or high-smuggling area
-Nervous, erratic behavior combined with other indicators
-Information from a reliable informant or database hit (ex: prior removal order)





first pageprev pagePage 1 of 1Next pagelast page
refresh

Back to top
logoFollow TigerDroppings for LSU Football News
Follow us on X, Facebook and Instagram to get the latest updates on LSU Football and Recruiting.

FacebookXInstagram