DHS Slams “Activist” Judge — Appeal Looms

A federal judge’s recent ruling restricts immigration officers in Colorado, sparking debates over enforcement practices and constitutional rights.

Story Highlights

Judge mandates warrants for non-fleeing individuals, challenging ICE practices.
The ruling stems from an ACLU lawsuit representing detained individuals.
Concerns over racial profiling and constitutional rights are at the forefront.
Department of Homeland Security plans to appeal the decision.

Judge’s Ruling Impacts ICE Practices in Colorado

On November 25, 2025, U.S. District Senior Judge R. Brooke Jackson ruled that immigration officers in Colorado must have probable cause to believe an individual is likely to flee before arresting them without a warrant. This decision follows a legal challenge by the ACLU of Colorado, which claimed officers were indiscriminately arresting Latinos to meet enforcement goals without proper evaluation.

A federal judge has ruled that immigration officers in Colorado can only arrest people without a warrant if they think those people are likely to flee.
https://t.co/tBYm6bUGTO

— Denver7 News (@DenverChannel) November 26, 2025

ACLU Lawsuit Highlights Concerns Over Racial Profiling

The American Civil Liberties Union’s lawsuit brought attention to several individuals, including asylum-seekers, who were detained without warrants. Judge Jackson noted that these individuals had long-standing community ties, making it unlikely they would flee. This judgment emphasizes the need for immigration officers to document their reasons for arrests carefully, ensuring adherence to federal laws and protecting constitutional rights.

Tricia McLaughlin of the Department of Homeland Security criticized the ruling as “activist,” asserting that DHS law enforcement does not engage in racial profiling. The department intends to appeal, referencing a similar Supreme Court vindication in a previous case.

Potential Appeal and Broader Implications

This ruling echoes a similar case in California, where a judge’s restraining order against racial-based stops was lifted by the Supreme Court in September. The Department of Homeland Security’s planned appeal may set a precedent for future rulings on immigration enforcement practices.