The judge also determined that ICE’s training on conducting lawful warrantless arrests was inadequate.
A federal judge ruled on May 12 that immigration agents in Colorado had violated a previous order prohibiting warrantless arrests unless they had probable cause to believe the person would escape before a warrant could be obtained.
In a 60-page ruling, Senior U.S. District Judge R. Brooke Jackson said Immigration and Customs Enforcement (ICE) agents violated his November 2025 injunction by carrying out warrantless arrests without individualized, pre-arrest determinations that the targeted illegal immigrants posed a flight risk.
The judge also determined that ICE’s training on conducting warrantless arrests was inadequate, noting that officers did not fully understand the legal requirements for making such arrests.
“Having reviewed the submissions, the evidence, and the law, the court finds that defendants have demonstrated material noncompliance with the [preliminary injunction] order and relief at this juncture is warranted and necessary,” the judge wrote.
He ordered ICE to train officers on how to make warrantless arrests that comply with federal law within 45 days of the ruling, adding that those who fail to complete the training will be prohibited from making such arrests.
The judge also ruled that ICE agents hired by the Department of Homeland Security after the May 12 ruling cannot carry out warrantless arrests until they have undergone compliant training.
The case stemmed from a lawsuit filed in November 2025 by four individuals who lacked legal status and were arrested by ICE agents without warrants during immigration enforcement in Colorado last year.
Following the lawsuit, Jackson issued a preliminary injunction barring federal agents from conducting warrantless arrests without determining a person’s flight risk and ordered ICE to provide documents for compliance monitoring. ICE later appealed the ruling.
Tim Macdonald, legal director for the American Civil Liberties Union (ACLU) of Colorado, which represents the plaintiffs, described the judge’s ruling as “a profoundly important decision” for the rule of law and the people of Colorado.
“The court made clear that ICE is not above the law and cannot continue to violate the law,“ Macdonald said in a statement. ”The decision ensures that we can monitor ICE’s behavior going forward and continue to work to prevent unlawful warrantless arrests across the state.”
The Epoch Times reached out to ICE for comment, but did not receive a response by publication time.
A memo issued in late January by acting ICE Director Todd Lyons broadened the interpretation of “likely to escape,” saying that it applies if an immigration officer determines an individual “is unlikely to be located at the scene of the encounter or another clearly identifiable location once an administrative warrant is obtained.”
