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Federal judge bars ICE from warrantless street sweeps in California

Judge Frimpong ruled immigration agents must first find probable cause on legal status and flight risk before detaining people without a warrant.

By Hans Laetz

A federal judge has prohibited immigration agents from grabbing people off the street in California. Judge Maame Ewusi-Mensah Frimpong Tuesday ruled that immigration agents are violating federal laws if they detain or arrest anyone without first making two findings: that the person is in the country illegally, and that he or she is likely to flee before a warrant can be obtained.

Under federal law, immigration officers can arrest someone without a warrant, but only if they have probable cause to believe those two things.

ICE has been failing on both tests, ruled the judge. It's been sweeping across the region, grabbing people who look at first glance to be of illegal status. Thousands of American citizens and people in this country with legal work documents have been detained or arrested by ICE. Many have been thrown out of the country, many of them illegally.

ICE Chief Greg Bovino last year targeted Los Angeles and Ventura counties for sweeps. The ACLU sued, and Tuesday they won an injunction against the sweeps. A senior staff ACLU attorney told Politico this ruling is one of the most important decisions to date "in the effort to end the federal government's cruel and illegal practice of abducting people and separating them from their families."

The Justice Department said Bovino's sweeps ended in February. Bovino no longer works for the federal government.

Justice Department officials have not yet commented on Tuesday's ruling.

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