Summary (tl;dr)

A federal judge in Washington D.C. has upheld and enforced a previous ruling that prohibits federal immigration agents from making warrantless arrests in the District unless they can demonstrate probable cause that an individual is unlawfully present and poses a flight risk.

Essential Background

In August 2025, following a declaration of a "crime emergency" in Washington D.C. by President Donald Trump, federal immigration officers began conducting arrests of suspected undocumented immigrants without warrants. This led to a lawsuit filed in September by several immigrants and advocacy groups, including CASA and the American Civil Liberties Union (ACLU), alleging a pattern of unlawful arrests. In response, U.S. District Judge Beryl A. Howell issued a preliminary injunction in December 2025, mandating that immigration agents must establish probable cause of unlawful immigration status and a flight risk before making warrantless arrests. This initial ruling aimed to curb what lawyers described as an "arrest first, ask questions later" approach.

The Full Story

On Thursday, May 7, 2026, U.S. District Judge Beryl A. Howell reinforced her December 2025 preliminary injunction, specifically ordering federal immigration agents not to rely on a January 2026 memo from former Acting ICE Director Todd Lyons regarding probable cause standards for warrantless arrests in Washington D.C. The court found Lyons' memo to have a "flawed definition of escape risk," which legal advocates argued broadly allowed arrests of individuals based on minor indicators like driving a car or appearing nervous. This latest decision explicitly directs federal agents to discontinue using the analytical approach outlined in Lyons' memo when conducting civil immigration arrests without a warrant in the District.

Why It Matters

This ruling is significant because it reaffirms and strengthens protections for individuals in Washington D.C. against arbitrary immigration arrests, emphasizing the legal requirement for probable cause and a demonstrated flight risk. Immigrant advocates have lauded the decision, asserting that it sends a clear message that the government is not above the law and cannot circumvent legal standards for enforcement. The initial injunction in December 2025 resulted in a notable decrease in ICE arrests in D.C., and this latest enforcement aims to ensure continued compliance and prevent a return to unlawful arrest practices.

Geographic Location

• United States District Court for the District of Columbia, Washington, D.C., District of Columbia, United States (issuance and enforcement of court rulings regarding immigration arrests)