Federal judge says immigration officers in Colorado can arrest only those at risk of fleeing

DENVER — A federal judge ruled Tuesday that immigration officers in Colorado can only arrest people without a warrant if they think those people are likely to flee.

U.S. District Senior Judge R. Brooke Jackson issued the order in a legal challenge brought by the American Civil Liberties Union of Colorado and other lawyers.

They're representing four people, including asylum-seekers, who were arrested by U.S. Immigration and Customs Enforcement without warrants this year as part of President Donald Trump's increased immigration enforcement. The lawsuit accuses immigration officers of indiscriminately arresting Latinos to meet enforcement goals without evaluating what's required to legally detain them.

Jackson said each of those who sued had longstanding ties to their communities and no reasonable officer could have concluded they were likely to flee before getting a warrant to arrest them.

Before arresting anyone without a warrant, immigration officers must have probable cause to believe both that someone is in the country illegally and that they are likely to flee before an arrest warrant can be obtained, under federal law, he said. Jackson also said immigration officers needed to document the reasons for why they are arresting someone.

Tricia McLaughlin, a spokesperson for the Department of Homeland Security, called it an "activist ruling" and said the department follows the law.

"Allegations that DHS law enforcement engages in 'racial profiling' are disgusting, reckless, and categorically FALSE," she said in a statement.

The ruling is similar to one made earlier this year in a case brought by another chapter of the ACLU in California involving arrests by Border Patrol agents. The government has appealed that ruling.

Another judge had also issued a restraining order barring federal agents from stopping people based solely on their race, language, job or location in the Los Angeles area after finding that they were conducting indiscriminate stops. The Supreme Court lifted that order in September.

McLaughlin suggested the government would appeal the Colorado ruling.

"The Supreme Court recently vindicated us on this question elsewhere, and we look forward to further vindication in this case as well," she said.