Vermont attorney general joins states backing limits on ICE warrantless arrests
Attorney General Charity Clark signed onto a multistate brief urging a federal appeals court to leave in place a Colorado judge's order requiring immigration officers to weigh flight risk before arresting someone without a warrant.
Vermont Attorney General Charity Clark has joined a coalition of attorneys general asking a federal appeals court to uphold a court order requiring U.S. Immigration and Customs Enforcement officers to follow legal limits when they arrest people without a warrant, her office said Wednesday.
The states filed an amicus brief in the U.S. Court of Appeals for the Tenth Circuit in the case Ramirez Ovando v. Mullin, arguing that a preliminary injunction against ICE serves the public interest by holding federal immigration officers to existing rules. Under federal law, the brief says, immigration officers may arrest someone without a warrant only if there is probable cause to believe the person is in the country unlawfully and is likely to escape before a warrant can be obtained.
A federal district court in Colorado issued the injunction after finding that ICE officers had made unlawful warrantless arrests without deciding whether the people they arrested were likely to flee, according to Clark's office. The court later found that ICE kept making arrests in violation of the order. Federal officials appealed to the Tenth Circuit.
The states argue that ignoring the flight-risk requirement has broad effects, including lower school attendance, disruption to businesses and local economies, people avoiding medical care, and less trust in police, which they say can make victims and witnesses less willing to report crimes.
The brief contends the injunction does not block lawful immigration enforcement but requires officers to stay within the limits Congress set.
Colorado and California led the brief. Among the states signing on were Connecticut, Maine, Massachusetts and Rhode Island, along with Arizona, Delaware, Hawaii, Illinois, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Virginia, Washington and the District of Columbia.
This brief was drafted by AI from a public agency press release and published by The New England Signal. Why we use AI for stories like this one.