Maryland AG Anthony Brown Joins 22-State Coalition Backing Limits on ICE Warrantless Arrests

Maryland Attorney General Anthony G. Brown has joined a coalition of 22 state attorneys general in filing an amicus brief urging a federal appeals court to uphold legal safeguards and limits on warrantless arrests made by U.S. Immigration and Customs Enforcement (ICE).

Legal Background & Case History

* Case Origin: The brief was submitted to the U.S. Court of Appeals for the Tenth Circuit in Ramirez Ovando v. Mullin.

* District Court Injunction: A federal district court in Colorado originally issued a preliminary injunction against ICE after finding agents conducted warrantless arrests without establishing whether individuals were likely to flee before a warrant could be secured.

* Noncompliance Finding: The district court subsequently determined that ICE continued making arrests in violation of that preliminary injunction, prompting federal officials to appeal the decision to the Tenth Circuit.

Statutory Requirements & Core Arguments

* Statutory Flight-Risk Standard: Under federal law, immigration officers may only execute a warrantless arrest if there is probable cause that a person is unlawfully present and there is an individualized determination that they are likely to escape before an arrest warrant can be issued.

* Upholding Rule of Law: The coalition maintains that statutory arrest conditions established by Congress are mandatory rather than optional, and that enforcing them ensures ICE operates within lawful limits without preventing lawful immigration enforcement.

* Community Impacts: The brief highlights that bypassing the flight-risk standard causes widespread community harms, including reduced school attendance, disruptions to local businesses and workforces, avoidance of vital medical care, and diminished trust in law enforcement that makes victims and witnesses hesitant to report crimes.

The Multi-State Coalition

* Along with Maryland Attorney General Anthony G. Brown, the amicus brief was joined by attorneys general representing Arizona, California, Connecticut, Colorado, Delaware, the District of Columbia, Hawaiʻi, Illinois, Maine, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Virginia, and Washington.

Official press inquiries and case updates can be accessed directly through the Maryland Office of the Attorney General.