Federal Judge Dismisses Warrantless Arrests Class Action against ICE in Ohio

COLUMBUS – Late Friday, a federal judge in the Southern District of Ohio dismissed a class action lawsuit against the Department of Homeland Security (DHS), Customs and Border Protection(CBP), and Immigration and Customs Enforcement (ICE), which sought an injunction to prohibit federal agencies from conducting warrantless arrests without probable cause. Although Judge Morrison found that Defendants have “authorized a widespread and persistent pattern of illegal warrantless arrests in Ohio”, the dismissal states that Plaintiffs did not establish that they presented an imminent risk of future unlawful arrests in Ohio.

The ACLU of Ohio, CRIS, ABLE, along with local co-counsel, filed the class action complaint on March 18, and presented evidence to Chief Judge Sarah Morrison during a three-day preliminary injunction hearing in early June.

“This ruling is deeply disappointing and frustrating but also recognizes that federal agents are wantonly conducting haphazard arrests in violation of the clear dictates of the Immigration and Nationality Act (INA). Federal immigration agents are required, by federal law, to either effectuate a warranted arrest, or, without a warrant, find probable cause of removability and likelihood of escape before an arrest. Last week’s decision reaffirms these clear dictates and proves that federal agents are not above the law. The ACLU of Ohio remains steadfast in our commitment to protecting immigrants’ rights and we will continue to pursue justice on behalf of immigrant members of our community,” -Freda Levenson, ACLU of Ohio Chief Legal Officer.

“The opinion from the Court confirms what we already knew: ICE violated the law and arrested our clients illegally. Unfortunately, we are living in a world where documented human rights violations alone are insufficient to compel court action to stop them. ICE's presence here continues to grow, and as advocates on the front lines, we continue to witness these same violations happening in real time. Court intervention would have been welcome, but its absence changes nothing about our resolve to continue finding ways to defend our immigrant neighbors, ” -Angela K. Plummer, Executive Director, Community Refugee & Immigration Services (CRIS).

ABLE remains proud of our advocates’ and co-counsel’s work in this case and celebrates the judge’s finding that ICE’s pattern of ‘arresting first, asking questions later’ violates the law. While the outcome is disappointing, ABLE will continue to challenge ICE and Border Patrol practices that violate our clients’ rights, both in individual cases and through systemic advocacy,” -Katie Kersh, Managing Attorney, Advocates for Basic Legal Equality, Inc. (ABLE).