Court Cases

On September 25, 2025, four Washington, D.C. community members and the national immigration organization CASA sued the Trump administration to end its policy and practice of making immigration arrests in D.C. without a warrant and without probable cause. The plaintiffs are represented by the American Civil Liberties Union of the District of Columbia, American Civil Liberties Union, Amica Center for Immigrants’ Rights, CASA, National Immigration Project, the Washington Lawyers’ Committee for Civil Rights and Urban Affairs, and the law firm of Covington & Burling. Since August, federal officers from multiple agencies have made hundreds of immigration arrests in the District. The officers frequently patrol and set up checkpoints in neighborhoods where a large number of immigrants live and stop and arrest people as they go about their daily lives. The law typically requires an agent to have a warrant when arresting someone for an immigration violation. One exception to the warrant requirement is when the agent has probable cause both that a person is in the United States in violation of the law and is likely to escape before a warrant can be obtained. According to the lawsuit, the Trump administration has a policy and practice of making immigration arrests without a warrant and without an individualized determination of probable cause that the person is in the country unlawfully and that the person is a flight risk. Each plaintiff in the case was arrested, detained, and released. The lawsuit was filed as a class action. The plaintiffs seek a court ruling to prevent the government from conducting such unlawful arrests against them and others in the future. On October 3, 2025, Plaintiffs filed a motion for class certification and a motion for a preliminary injunction, to stay agency action, and for provisional class certification to ask the Court to order Defendants and their agents to stop making warrantless immigration arrests without probable cause for flight risk, as required by the Immigration and Nationality Act.

The Biden Administration's new immigration regulation violates the Immigration and Nationality Act and is arbitrary and capricious, violating the procedural requirements of the Administrative Procedure Act.

We filed this lawsuit alleging that the Alien Enemies Act had no application in this situation and violated the immigration statutes, which are explicit that they provide “the sole and exclusive procedure” by which the government may determine whether to remove an individual.