Background
In two thousand and eighteen, plaintiffs filed a class action alleging that the Department of Homeland Security and Immigration and Customs Enforcement arrested noncitizens without warrants in violation of Section thirteen hundred fifty-seven subsection two of Title eight. The parties entered a consent decree in two thousand and twenty-two, requiring officials to comply with the statute and issue a policy statement. In two thousand and twenty-five, plaintiffs moved to enforce the decree after officials arrested individuals without warrants and a senior official declared the decree terminated. The district court extended the decree by one hundred eighteen days and ordered the release of individuals arrested in violation of the agreement.
The court’s reasoning
The court held that the government waived its objection under Section twelve hundred fifty-two subsection one by agreeing to the consent decree. Even if not waived, the statute does not bar relief for warrantless arrests under Section thirteen hundred fifty-seven subsection two because that provision is not covered by the statute’s limitations. The court found no abuse of discretion in extending the decree due to substantial noncompliance. Regarding the release order, the court concluded that Section twelve hundred twenty-five subsection two subsection A applies only to aliens seeking admission at the border and does not authorize mandatory detention for noncitizens already unlawfully present in the United States.
What it means going forward
The decision reinforces the enforceability of consent decrees against immigration agencies and clarifies that mandatory detention statutes do not apply to noncitizens unlawfully present within the United States, potentially requiring the release of hundreds of detainees.