Maryland Attorney General Anthony G. Brown has joined a coalition of 22 attorneys general urging a federal appeals court to uphold restrictions on warrantless arrests by U.S. Immigration and Customs Enforcement (ICE).
The coalition filed an amicus brief in the U.S. Court of Appeals for the Tenth Circuit in Ramirez Ovando v. Mullin, supporting a preliminary injunction issued by a federal district court in Colorado. According to the Maryland Attorney General’s Office, federal law permits immigration officers to make warrantless arrests when there is probable cause to believe a person is unlawfully present and is likely to escape before a warrant can be obtained.
The district court issued the injunction after finding that ICE officers had made warrantless arrests without determining whether individuals were likely to escape before warrants could be obtained. The court later found that ICE continued making arrests in violation of the injunction, and federal officials appealed the order.
The coalition argues that requiring an individualized flight-risk determination does not prevent lawful immigration enforcement, but instead requires federal officers to follow existing statutory requirements. The states also argue that warrantless arrests outside those requirements can have broader effects on schools, businesses, medical care and community trust in law enforcement.
Brown joined attorneys general from 20 states and the District of Columbia in filing the brief.
