Federal Judge Restricts ICE Warrantless Arrests in Colorado to Cases of Likely Flight

DENVER, Colo. — November 26, 2025 — A federal judge ruled Tuesday that Immigration and Customs Enforcement (ICE) agents in Colorado may only arrest undocumented immigrants without a warrant if there is probable cause to believe the individuals are likely to flee, officials said.

U.S. District Senior Judge R. Brooke Jackson issued the order following a lawsuit filed by the American Civil Liberties Union (ACLU) of Colorado and other attorneys on behalf of four plaintiffs, including asylum seekers, who were arrested without warrants earlier this year amid President Donald Trump’s immigration enforcement efforts.

The lawsuit alleged that ICE agents were indiscriminately targeting Latinos to meet enforcement quotas without properly assessing whether the individuals met legal criteria for warrantless detention. Judge Jackson noted that each plaintiff had established long-standing ties to their communities, and no reasonable agent could have believed they were likely to flee prior to obtaining a warrant.

Under federal law, immigration agents must have probable cause to believe a person is in the country illegally and likely to flee before making a warrantless arrest. Additionally, agents are required to document the reasons for such arrests.

The Department of Homeland Security (DHS) responded to the ruling through spokeswoman Tricia McLaughlin, who described the decision as an “activist ruling” and stated that the department follows the law. McLaughlin also denied allegations of racial profiling by DHS law enforcement, calling them “disgusting, reckless, and categorically FALSE.”

Judge Jackson’s ruling aligns with a similar decision earlier this year in California, also involving an ACLU lawsuit concerning ICE arrests. The federal government has appealed that ruling.

This decision limits ICE’s ability to conduct warrantless arrests in Colorado, emphasizing the need for agents to evaluate flight risk before detaining individuals without judicial authorization.