Federal Judge Blocks Warrantless Immigration Arrests Without Flight-Risk Assessment in Southern California

U.S. District Judge Maame Ewusi-Mensah Frimpong issued a preliminary injunction on September 2, unsealed Wednesday, barring immigration officers in Southern California from making warrantless arrests unless they first determine the person is likely to flee before a warrant can be obtained. The order applies across the Central District of California, covering Los Angeles, Orange, Riverside, San Bernardino, Ventura, Santa Barbara, and San Luis Obispo counties.

The ruling stems from a lawsuit filed last fall by the ACLU of Southern California, Public Counsel, and local immigrant advocacy groups during a surge in regional enforcement. Judge Frimpong found ample evidence of an ongoing policy of conducting warrantless arrests without the legally required likelihood-of-escape analysis, violating federal statutes.

“This Court finds ample evidence that Defendants have an ongoing policy and practice of conducting warrantless arrests in violation of the requirement to conduct a likelihood-of-escape analysis.”

Federal law permits warrantless immigration arrests only when officers have probable cause that the person is in the country unlawfully and likely to escape. The judge emphasized that unlawful presence alone does not justify a warrantless arrest and ordered the government to thoroughly document the probable cause for each arrest.

The case highlights the August 2025 arrest of a lawful permanent resident, identified as A.T., at a Los Angeles car wash. Border Patrol agents handcuffed him within seconds despite his pleas that he had papers; he was released later that day after ICE confirmed his status.

Judge Frimpong denied the government's request to stay the order pending appeal. The U.S. Department of Homeland Security did not immediately respond to requests for comment.