U.S. Attorneys General challenge warrantless immigrant arrests

A coalition of U.S. attorneys general has filed an amicus curiae brief with the U.S. Court of Appeals for the District of Columbia to support a lawsuit challenging warrantless arrests of immigrants by Department of Homeland Security (DHS) agents.

The attorneys general argue that while federal law allows certain civil arrests without a warrant, agents must have probable cause to believe an individual is in the country illegally and is likely to flee before a warrant can be obtained. The coalition contends that agents frequently bypass these requirements, conducting arrests without assessing flight risks.

The filing also criticizes the tactics used during operations, noting that agents often wear masks, sunglasses, and civilian clothing, and use unmarked vehicles while refusing to identify themselves. These practices, according to the officials, have caused "serious harm" to communities by undermining public health, safety, education, and local economies, while separating families and paralyzing local businesses.