Legal Aid DC filed an amicus brief in support of a class-action lawsuit against the Department of Homeland Security and other federal agencies and officials for immigration arrests made without warrant or probable cause. D.C. legal services organizations Legal Aid DC, African Communities Together, Ayuda, Bread for the City, Children’s Law Center, DC Affordable Law Firm, and Tzedek DC filed the brief with the U.S. District Court for D.C. on October 29.  

As amici in the lawsuit, these organizations support plaintiffs’ motion for a preliminary injunction to stop the Department of Homeland Security’s “arrest first, ask questions later” policy, which has harmed U.S. citizens, residents with lawful status, and undocumented community members alike.  

“In addition to the harms Plaintiffs describe from being unlawfully arrested or detained, ICE’s policy instills fear in communities that affects their financial, physical, and emotional health,” the brief reads.

Federal law enforcement agencies have illegally profiled residents based on race, language, and occupation and made widespread arrests, including in places that were previously protected. This practice has made DC residents afraid to go about their daily lives and led many to skip work, school, medical appointments, church services, and court dates for fear of being detained.  

The brief further argues that despite the Trump administration’s stated goal of reducing crime, the spike in warrantless arrests has discouraged community members from reporting crime, cooperating with law enforcement, and testifying in court. This chilling effect is especially concerning as it relates to domestic violence situations, in which an abuser can further use immigration status as a tool to control or threaten their partner.  

One client, for example, is a survivor of sexual assault and human trafficking that occurred in the U.S. and is a strong candidate for visa programs specifically for crime victims; unfortunately, she is too scared of becoming a target for deportation to cooperate with police or apply for the visa that could grant her legal status.  

“ICE’s policy and practice of unlawful arrests also emboldens violent criminals and people may even target undocumented people because they are less likely to seek police help,” the brief says.

The federal government’s response brief is due October 31.

Click here to read the full amici curiae brief. 

Click here for more information about the Molina vs. Department of Homeland Security case.