Maryland Attorney General Anthony G. Brown joined a coalition of 22 attorneys general asking a federal appeals court to uphold an order requiring U.S. Immigration and Customs Enforcement officers to follow federal requirements when making warrantless arrests.
The coalition filed an amicus brief with the U.S. Court of Appeals for the Tenth Circuit in Ramirez Ovando v. Mullin. Federal law permits immigration officers to make warrantless arrests when they have probable cause to believe a person is unlawfully present and is likely to escape before a warrant can be obtained.
A federal district court in Colorado issued a preliminary injunction after finding that ICE officers made warrantless arrests without determining whether the individuals were likely to flee. The court later found that ICE continued making arrests in violation of the injunction. Federal officials appealed the order.
The attorneys general argue that the flight-risk requirement prevents arrests without an individualized assessment. Their brief states that disregarding the requirement can affect school attendance, businesses, local economies, access to medical care and public trust in law enforcement.
The coalition maintains that the injunction does not prevent lawful immigration enforcement but requires federal officers to operate within limits established by Congress.
The brief was filed by attorneys general representing Maryland, Arizona, California, Connecticut, Colorado, the District of Columbia, Delaware, Hawaiʻi, Illinois, Maine, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Virginia and Washington.
