U.S. Marshals and Homeland Security Investigations agents take a man into custody at the intersection of 14th and N streets NW in Washington, D.C., on Sept. 3, 2025. (Photo by Ashley Murray/States Newsroom)

WASHINGTON — A federal judge late Tuesday barred federal agents from carrying out warrantless arrests in the District of Columbia unless they can demonstrate probable cause, after immigration advocates sued.

Under the preliminary injunction granted by U.S. District Senior Judge Beryl A. Howell, immigration agents can only arrest a person in the district without a warrant if they can establish that the individual is in the United States unlawfully and poses a flight risk before a warrant can be obtained from an authority. 

Advocates who brought the suit had said they believed Latinos were being targeted for arrests in the district, even those with legal status.

“Consequently, viewing all immigrants potentially subject to removal as criminals is, as a legal matter, plain wrong,” wrote Howell, who was nominated by former President Barack Obama.

Howell noted Trump administration officials’ public comments on the need to meet immigration arrest quotas, rather than focusing on targeted enforcement and probable cause.

“Here, ‘the record’ as a whole ‘leaves no doubt’ that defendants in practice have consummated a decisionmaking process that resulted in the implementation of a new policy of conducting warrantless civil immigration arrests based on a lower standard than probable cause,” according to Howell’s order.

National Guard presence

The suit stems from President Donald Trump’s August emergency declaration in the district that flooded the 68-square-mile capital with federal law enforcement and National Guard troops. 

As a result, there has been an uptick in aggressive immigration enforcement by federal officers, both in plain clothes and masked, in neighborhoods with high immigrant populations.

The four individual plaintiffs in the case are all immigrants with some form of legal status, such as a pending asylum case or temporary protections. But all were arrested and detained by federal officers, sometimes for days. 

In statements to the court, they described feeling like they were being kidnapped and argued they were targeted because of their ethnicity. They said they feared they will continue to be targeted because they are Latino.

The legal organizations representing the plaintiffs pushed for two class certifications, which means others who were affected would be represented in the suit. 

Howell said in her order that she would make a determination on those two class certifications at a later time. 

ACLU, others praise preliminary injunction

Legal groups representing the plaintiffs celebrated the preliminary injunction.

“Despite the Trump administration’s attempts at fear and intimidation, everyone in D.C. has rights, regardless of who they are and their immigration status; and all federal agents are required by law to respect these rights,” according to a joint statement from the legal groups who brought the suit against the federal government. 

Those legal groups included the American Civil Liberties Union of the District of Columbia; the American Civil Liberties Union; Amica Center for Immigrant Rights; CASA; National Immigration Project; the Washington Lawyers’ Committee for Civil Rights and Urban Affairs; and the law firm of Covington & Burling LLP.  

 

Natali Fani-González, a Democrat who serves on the Montgomery County Council, speaks during a rally on Nov. 20, 2025 outside the U.S. District Court in Greenbelt, Maryland in support of Kilmar Abrego Garcia, who had a hearing in court. (Photo by William J. Ford/Maryland Matters)

GREENBELT, Md. — U.S. Immigration and Customs Enforcement officials detailed to a federal judge Thursday plans for the Trump administration to again remove the wrongly deported Kilmar Abrego Garcia, this time to the West African country of Liberia.

U.S. District of Maryland Judge Paula Xinis is considering whether to lift her order that barred Abrego Garcia, a longtime Maryland resident, from being removed from the United States. The case and its months of wrangling in courts in two states has generated huge publicity, both in Maryland and nationally, and has brought attention to the Trump administration’s immigration crackdown.

Separately, as the Trump administration tries to deport Abrego Garcia, the Justice Department is moving forward with criminal charges against him of human smuggling in Tennessee.

Xinis specially requested the Trump administration provide John Cantú to testify because he is a top official at ICE’s Enforcement and Removal Operations and previously submitted a declaration to the court regarding the State Department’s deliberation with Costa Rica’s government about accepting Abrego Garcia as a refugee. 

Abrego Garcia, whose deportation due to an “administrative error” cast a spotlight on President Donald Trump’s aggressive immigration crackdown, is challenging his detention on the grounds that the Trump administration is using his imprisonment as punishment rather than for the purpose of removal. He is currently detained at an ICE facility in Pennsylvania.

Abrego Garcia has agreed to be removed to Costa Rica, but the Trump administration last month argued before Xinis to allow him to be removed to Liberia. In August, Costa Rica’s government stated it would accept him as a refugee. 

As he challenges his removal to any country other than Costa Rica, Abrego Garcia has also pleaded not guilty to the criminal case in Nashville, which accuses him of the human trafficking of immigrants in an incident stemming from a 2022 traffic stop in Tennessee. 

Rally outside

Similar to previous hearings at the Greenbelt courthouse, the immigrant advocacy group CASA led a rally in support of Abrego Garcia. The event included a singing group called the Rapid Response Choir.

George Escobar, who will become CASA’s new executive director on Jan. 1, said it’s important for people to stand up against a “corrupt government” that seeks to take away immigrant rights, especially as the Trump administration tries to ship Abrego Garcia to various third countries.

“We want to make sure that we stand here united. We want to make sure that Kilmar (and) his family understands that we are by his side,” Escobar said. “We will not let this go silently into the night.”

Maryland Del. Gabriel Acevero, a Montgomery County Democrat who’s from Trinidad and Tobago, and who has a family background in Venezuela, said his state colleagues will be working on legislation to improve immigrant rights, such as ending the 287(g) program in the state.

Currently, about eight local enforcement agencies in the state have agreements with ICE that delegate certain immigration enforcement abilities to local police. But Acevero’s colleague, Del. Nicole Williams, a Prince George’s County Democrat, plans to reintroduce legislation to terminate all ICE agreements. Law enforcement agencies would have a year to do so.

After the rally ended, CASA leaders handed out green postcards for participants to write down words of support for Abrego Garcia.

Jacki Gilbert of Baltimore wrote on her postcard: “Dear Kilmar, We stand with you and your family. You are both a friend and a neighbor.”

“This impacts my community. My culture in Baltimore City. My economy there. You got to stand with your friends and neighbors. Respect them,” Gilbert said as she choked up and shed a tear.

Abrego Garcia has deportation protections that should have prevented his deportation to his home country of El Salvador, but earlier this year he was still removed to a brutal Salvadoran prison. 

Because of those protections granted by an immigration judge in 2019, the Trump administration must find a third country that is willing to accept Abrego Garcia and a country where he believes he will not face harm or persecution. 

The Trump administration so far has floated sending him to Liberia as well as one of three other nations in Africa — Ghana, Eswatini and Uganda.

Worries about return to El Salvador

Abrego Garcia’s lawyers have raised concerns that if he is sent to a third country, that country will then send him back to El Salvador. 

Cantú said that the government of Liberia has given the State Department assurance that Abrego Garcia will not face torture, persecution, and will not be sent back to El Salvador. 

The assurances from Costa Rica’s government accepting Abrego Garcia were “nonbinding,” Cantú said. 

The State Department informed him that Abrego Garcia’s removal to Costa Rica is “not an option at the moment,” he said.

Cantú was pressed by one of Abrego Garcia’s attorney’s, Sascha Rand, about communications with the State Department and Costa Rica regarding Abrego Garcia.  

Cantú said he had a five-minute virtual meeting with an attorney from the State Department, during which he was given a statement that Costa Rica was no longer an option for Abrego Garcia. 

But he could not give the judge any additional information on further communications between the State Department and Costa Rica’s government since August.

“This witness has zero information about the content of the (Costa Rica) declaration,” Xinis said. “No shade on you, Mr. Cantú, you’ve been very candid with the court. The point has been made.”

Rand pointed to how the assurance from Costa Rica granted Abrego Garcia refugee status and citizenship, and he asked if Liberia made those same assurances. 

Cantú said he did not recall. 

Rand asked Cantú if in his career at the Department of Homeland Security, which dates to 1997, if he has had any experience of removing someone from Latin America to Africa. 

Cantú said he has in the past six months under the Trump administration. Rand asked about any scenarios prior to that time.

“I cannot recall,” Cantú said.

Rand said that Abrego Garcia has “no objection to him being removed to Costa Rica.” 

He argued that the Trump administration, and its witness, have not proved that Abrego Garcia cannot be removed to Costa Rica. 

Order of removal

Abrego Garcia’s attorneys also requested that DOJ provide the order of removal for Abrego Garcia. 

Cantú said he had not seen such a document.

“If there is no order for removal, then there is no basis for detention,” said Simon Sandoval-Moshenberg, another attorney for Abrego Garcia, who specializes in immigration law. 

DOJ attorney Drew Ensign said he does “believe there is a final order of removal.”

Xinis rejected that, because no document was provided to her and the document Ensign produced for her only mentioned that Abrego Garcia’s 2019 asylum claim was rejected.

“I am just interested in finding the order of removal,” she said. 

Ensign argued that because Abrego Garcia has a withholding of removal, meaning he cannot be removed back to his home country of El Salvador, that should be treated as a final order of removal. 

Ensign added that it’s odd that Abrego Garcia would agree to be removed to Costa Rica if he didn’t believe there was a final order of removal.

“No, it’s not,” Xinis said. “It’s a concession because he’s been to CECOT and back.”

While at the notorious mega-prison known as CECOT, Abrego Garcia detailed how he was psychologically and physically tortured by Salvadoran officials. 

Abrego Garcia tried to make another application for asylum, after he was brought back to the U.S. this summer, but an immigration judge denied it. He has appealed the decision.

The case before Xinis is a habeas petition, which is how immigrants challenge their detention. Immigrants cannot be held longer for six months in detention if the federal government is not actively making efforts to remove them, a precedent set by the Supreme Court. 

Xinis pressed Ensign about why the “government (is) standing in the way” of allowing Abrego Garcia to be removed to Costa Rica. 

“It’s so odd and that’s me being really polite,” Xinis said, adding that “there is no evidence that Costa Rica is withholding their prior” stance to accept Abrego Garcia.  

Xinis said Thursday would be the last hearing before she makes her decision. She said she will first decide Abrego Garcia’s habeas petition and then address the injunction that bars his removal from the U.S.

“It’s not going to be a quick decision,” Xinis said. “These are weighty issues.”