Toronto Star
· collected 2026-09-17 · by Jaimie Ding The Associated Press
Story summary
In September, U.S. District Judge Maame Ewusi-Mensah Frimpong issued an injunction against immigration officers making warrantless arrests in Southern California unless they determine the person is likely to escape. This decision came after a lawsuit filed last fall by organizations including the American Civil Liberties Union of Southern California and Public Counsel, during a surge of immigration enforcement. The ruling affects seven counties within the Central District of California, which includes Los Angeles, Orange, Riverside, San Bernardino, Ventura, Santa Barbara, and San Luis Obispo.
Frimpong mandated that agents must conduct an escape risk assessment based on all available information before making any arrests. She also ordered the government to document probable cause thoroughly for obtaining warrants, emphasizing that being unlawfully present in the country alone is insufficient justification for a warrantless arrest.
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A federal judge has issued an order blocking immigration officers from making warrantless arrests in Southern California unless they determine the person is likely to escape.
asserted
person → issue → California
In a preliminary injunction granted Sept. 2 and unsealed Wednesday, U.S. District Judge Maame Ewusi-Mensah Frimpong said the government must consider the “totality of the circumstances known to the agent or officer” regarding a person’s likelihood of escape before making a civil immigration arrest without a warrant.
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government → grant → warrant
The lawsuit was filed last fall by the American Civil Liberties Union of Southern California, Public Counsel, and Los Angeles immigrant advocacy groups during an unprecedented surge of immigration enforcement in the region.
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lawsuit → file → region
The order applies in the Central District of California, which includes Los Angeles, Orange, Riverside, San Bernardino, Ventura, Santa Barbara and San Luis Obispo counties.
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which → apply → counties
Frimpong also ordered the government to thoroughly document the probable cause that leads to an arrest before a warrant could be obtained.
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warrant → order → arrest
The mere fact that someone is in the country illegally is not enough to justify a warrantless arrest, she said in her order.
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she → justify → order
“Without this, Defendants cannot show that any arrest was proper,” Frimpong wrote.
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Frimpong → show → this
She denied the government’s request to stay or delay the order to give them time to appeal.
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She → deny → time
The U.S. Department of Homeland Security did not immediately respond to a request for comment.
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Department → respond → comment
The lawsuit also sought to block roving patrols making stops and arrests based solely on race, language and occupation, and to protect access to counsel rights for people in detention.
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lawsuit → seek → detention
Frimpong previously issued a temporary restraining order to restrict these sweeping immigration operations, but it was lifted by the U.S. Supreme Court last September.
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it → issue → Court
Justice Brett Kavanaugh said apparent ethnicity could be a relevant factor for a stop if combined with other information.
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ethnicity → say → information
The unsealed preliminary injunction on warrantless arrests was issued after a hearing Aug. 13 where Frimpong signaled in a tentative ruling she was inclined to side with the plaintiffs.
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she → unseal → plaintiffs
Federal judges in Portland, Colorado, Washington, D.C., and the Eastern District of California have already blocked similar warrantless arrest practices.
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judges → block → practices
Plaintiffs argued in court documents that in many arrests they tracked in Southern California, no documentation was ever produced showing the arresting officers documented the likelihood of escape.
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officers → argue → escape
“There’s no statutory requirement to document,” said federal attorney Daniel Mummolo, adding that different arresting officers handle things differently.
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officers → ’ → things
He cited a memo issued in January 2026 by former acting director of U.S. Immigration and Customs Enforcement Todd Lyons that said officers could make an “on-the-spot” determination about likelihood of escape.
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officers → cite → escape
“You have not presented evidence of officers saying, ‘Yeah I didn’t write it down but I did do it,’ ” Frimpong said in response.
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Frimpong → present → response
Plaintiffs’ attorney Laura Perry Stone said the memo requires officers to determine both that the person was likely to leave the location and is unlikely to be found at another identifiable location, such as their home or workplace.
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person → say → home
In her order, Frimpong said that a “wealth of record evidence” including government directives, arrest narratives, agent depositions and video evidence showed the government’s current policy and practice was to conduct an escape risk assessment based solely on unlawful status or “false assertions,” or to not conduct one at all.
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policy → say → one
In one instance, the government claims that an individual was “running away” from immigration agents before being questioned.
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individual → claim → agents
But a video of the arrest showed him walking at a normal pace and texting on his phone before the agent began questioning him, Frimpong wrote.
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Frimpong → show → him
“This court order should put an end to hundreds – if not more – of unlawful arrests that continue throughout Southern California,” said Mayra Joachin, an attorney with the ACLU of Southern California.
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Joachin → put → California
“We will closely monitor compliance with this court order, and expect the federal government to abide by it.”
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government → monitor → it
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