Judge Likely to Bar Warrantless ICE Arrests Without Escape Risk Findings
Judge Frimpong inclines to block ICE warrantless arrests in Los Angeles without escape risk findings.
Why it matters: This judicial trend shapes how immigration enforcement must ensure constitutional protections. Counsel advising clients on ICE practices need to understand evolving legal standards about warrantless arrests.
- Judge Maame Ewusi-Mensah Frimpong plans to restrict ICE warrantless arrests in Los Angeles without assessing flight risk.
- At least four federal judges have issued injunctions requiring probable cause of escape risk before ICE makes warrantless arrests.
- February 2026: Oregon judge Mustafa Kasubhai barred ICE warrantless arrests absent flight risk evidence.
- May 2026: Colorado judge R. Brooke Jackson ruled ICE violated arrest limits and required agent training.
- December 2025: D.C. judge Beryl Howell mandated probable cause of flight risk for warrantless ICE arrests.
U.S. District Judge Maame Ewusi-Mensah Frimpong has indicated she is likely to issue an order halting warrantless Immigration and Customs Enforcement (ICE) arrests in the Los Angeles area unless agents find evidence that suspects pose a flight risk. This inclination aligns with a growing wave of federal judicial decisions imposing stricter standards on ICE enforcement actions.
At least four other federal judges have previously issued preliminary injunctions mandating that ICE officials cannot arrest individuals solely for being unlawfully present in the country without determining if they are likely to escape before a warrant is obtained.
- In February 2026, U.S. District Judge Mustafa Kasubhai in Oregon issued a ruling barring ICE from warrantless arrests unless there is probable cause to believe an individual poses an escape risk. AP News
- In May 2026, Senior Judge R. Brooke Jackson in Colorado found that ICE agents violated an earlier order limiting warrantless arrests, resulting in mandated additional training for agents. AP News
- In December 2025, U.S. District Judge Beryl Howell in Washington, D.C., restricted warrantless ICE arrests by requiring probable cause that a suspect was likely to escape before a warrant could be obtained. Axios
The American Civil Liberties Union, a plaintiff in one related case, stated, "Congress authorized immigration officers to make civil immigration arrests without a warrant only where they have probable cause to believe that the person is both unlawfully present and likely to escape before a warrant can be obtained." Meanwhile, the U.S. Justice Department has disputed the existence of any policy regarding flight risk assessments, with attorney Daniel Mummolo saying, "That supposed policy doesn’t exist." Courthouse News
These judicial rulings reflect increased scrutiny on ICE’s warrantless arrest authority and emphasize the constitutional protections of due process. Counsel advising clients facing immigration enforcement must closely track these evolving standards, especially in jurisdictions with recent injunctions.
By the numbers:
- 4 federal judges — have issued injunctions limiting ICE warrantless arrests without probable cause of flight risk
- February 2026 — Oregon preliminary injunction barring warrantless ICE arrests absent escape risk findings
- May 2026 — Colorado ruling requiring additional ICE agent training after arrest violations
Yes, but: Details of Judge Frimpong's forthcoming order are not yet public, and the government's response remains unclear.