Federal judge limits warrantless detentions by ICE in Colorado — White House fires off defiant response

A federal judge partially sided with a lawsuit from the American Civil Liberties Union against warrantless detentions by Immigration and Customs Enforcement, and the administration vowed to appeal it.

Federal Judge R. Brooke Jackson said in his ruling that the warrantless detentions violated the restriction that said individuals must be deemed a flight risk to be justifiable.

‘Allegations that DHS law enforcement engages in “racial profiling” are disgusting, reckless, and categorically FALSE. What makes someone a target for immigration enforcement is if they are illegally in the US — NOT their skin color, race, or ethnicity.’

“Immigration officials are entrusted with enforcing immigration laws and are authorized to pursue an aggressive deportation agenda,” Jackson wrote in the ruling. “They may arrest and initiate removal proceedings against individuals they believe are present without lawful status. But in carrying out these responsibilities, they must follow the law.”

One of the four plaintiffs in the lawsuit is 19-year-old Caroline Dias Goncalves, a student at the University of Utah who was detained after a routine traffic stop in Mesa, Arizona, in June. The deputy released her with only a warning, but he passed on her information to ICE officials, who detained her a few miles down the road.

Jackson said ICE agents had improperly ignored the flight risk stipulation or improperly applied it.

“Plaintiffs are four individuals who had deep and longstanding ties to their communities, including parents, spouses, children, stable employment histories, and active participation in their local churches,” Jackson said. “No reasonable officer could have reasonably concluded that these plaintiffs were likely to flee before a warrant could be obtained.”

Tricia McLaughlin, an assistant secretary of the Department of Homeland Security, released a statement vowing to challenge the ruling at the Supreme Court.

“This activist ruling is a brazen effort to hamstring the Trump administration from fulfilling the president’s mandate to deport the worst of the worst criminal illegal aliens,” McLaughlin said.

“Allegations that DHS law enforcement engages in ‘racial profiling’ are disgusting, reckless, and categorically FALSE. What makes someone a target for immigration enforcement is if they are illegally in the U.S. — NOT their skin color, race, or ethnicity,” she added. “There are no ‘indiscriminate’ stops being made. DHS conducts enforcement operations in line with the U.S. Constitution and all applicable federal laws without fear, favor, or prejudice.”

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Jackson further ordered the government to refund the costs incurred by the four defendants. The judge denied a request from the plaintiffs to obtain the training requirements at ICE, but added that if the government did not comply with the order, the plaintiffs could renew the request.

“The Supreme Court recently vindicated us on this question elsewhere, and we look forward to further vindication in this case as well,” McLaughlin concluded.

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