Federal judge who ordered no warrantless ICE arrests in Colorado asserts DOJ not complying

Federal judge raises concerns that the Justice Department may not be complying with a Colorado injunction blocking warrantless ICE arrests in immigration cases.

Immigration and Customs Enforcement (ICE) agents, along with other federal law enforcement agencies, attend a pre-enforcement meeting in Chicago, Illinois, on Sunday, Jan. 26, 2025.  (Getty Images)

Jackson issued the injunction on Nov. 25, 2025, in a class-action lawsuit brought by the ACLU of Colorado and partner legal groups, according to a press release from the organization. The lawsuit alleged ICE agents were making arrests without judicial warrants and without determining whether individuals were both unlawfully present and likely to flee before a warrant could be obtained.

The case initially centered on four plaintiffs, including University of Utah student Caroline Dias Goncalves, who was brought to the United States from Brazil as a child, according to the ACLU. The organization said she was detained following a traffic stop and held for more than two weeks before being released.

Under the order, ICE officers may not make warrantless arrests unless they have probable cause to believe a person is in violation of immigration law and likely to escape before a warrant can be secured. In granting relief, Jackson wrote that while ICE has authority to enforce immigration laws, "in carrying out these responsibilities, [ICE agents] must follow the law," according to the ACLU.

JUDGE BLOCKS ICE FROM MAKING WARRANTLESS ARRESTS IN DC WITHOUT FLIGHT-RISK PROOF

Law officials spread out through an apartment complex during a raid on Feb. 5, 2025, in east Denver. (AP)

"Looking at these I-213s, it doesn’t give the description of the arrest that is required by the court’s order," Leneis said, according to CPR.

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However, Leneis told the judge the government has taken steps since December to implement new procedures and argued that compliance has improved.

"We started with zero, we had a lot of things to get in place," he said, according to CPR. "We think the numbers now are better than they were in December."

Michael Dorgan is a writer for Fox News Digital and Fox Business.

You can send tips to michael.dorgan@fox.com and follow him on Twitter @M_Dorgan.

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