WASHINGTON – A federal judge pressed the government on Wednesday about whether immigration officials are obeying her order blocking them from making civil immigration arrests without a warrant.

Warrantless immigration arrests in DC

The backstory:

In December, Judge Beryl Howell ruled that Immigration and Customs Enforcement officers could not arrest undocumented immigrants in D.C. without a warrant, unless they can demonstrate probable cause that a crime was committed and show the person poses a flight risk.

PREVIOUS: Federal judge limits ICE’s warrantless arrests in DC

The lawsuit was brought forward by a group of immigrants who were arrested in D.C. without warrants. One of the plaintiffs was arrested after someone purporting to be with the Metropolitan Police Department told him that they had found the car he reported stolen, only to arrest him when he came to pick it up.

The government has since appealed that decision.

What we know:

At Wednesday’s hearing, there was a debate about what that exception means in real-world cases.

In a memo to all ICE agents, the U.S. Department of Homeland Security says someone can be considered likely to escape if they are “unlikely to be located at the scene of the encounter.”

Howell pressed on that specific language and what it meant, asking whether someone waiting at a bus stop or going to work could be considered “unlikely to be located at the scene of the encounter.”

The government pushed back, arguing that under many circumstances, that could be enough to arrest someone without a warrant.

Immigration rally

What they’re saying:

Dozens of residents rallied outside the federal courthouse ahead of the hearing on Wednesday, criticizing D.C. Mayor Muriel Bowser, for “siding” with President Donald Trump’s administration. 

“Families in Washington, D.C., have seen immigration agents stop people in the streets outside of workplaces, churches. We’ve heard it. Our loved ones are dying because of ICE.” said Isaias Guerrero with the Center for Popular Democracy. 

Guerrero said Bowser’s administration “is actively making it easier for D.C. residents to be deported, and that ain’t right.”

What’s next:

The government has appealed Howell’s decision. On Wednesday, Howell called for more briefing on whether she has the power to weigh in on the case right now, given the active appeal.