Attorney General Jones Supports Litigation Challenging Unlawful Immigration Arrests

RICHMOND, Va. – Attorney General Jones, as part of a coalition of 21 attorneys general, filed an amicus brief in the U.S. Court of Appeals for the D.C. Circuit in support of litigation challenging the U.S. Department of Homeland Security’s (DHS) policy and practice of conducting unlawful warrantless civil immigration arrests.

Under federal law, immigration officers conducting warrantless civil immigration arrests must have probable cause to believe that an individual is unlawfully present in the United States and is likely to escape before a warrant can be obtained. However, DHS officers routinely carry out warrantless arrests without determining if the individual is an escape risk. It is important to uphold the law and protect public safety, but this does neither. We must adhere to the law when we enforce the law, and so must DHS. There is no justification for the widespread harms of the Trump Administration’s unlawful immigration enforcement practices and the damage it is inflicting on our nation, our Commonwealth, and the rule of law.

“The Trump Administration is creating and stoking fear in our communities through these unlawful arrests that aim to make a political statement and sow mistrust between law enforcement and the communities they serve,” said Attorney General Jones. “Threats to our neighbors, friends, teachers, and families have resulted in widespread fear. President Trump’s DHS continues to strip people of their humanity and dignity, and it continues to exacerbate mistrust when we should be strengthening relationships and transparency between law enforcement and communities. My office will keep using every legal power and tool at our disposal to stand up for our communities and Virginians.”

Across the country, federal immigration agents have escalated their enforcement activities, disrupting communities and undermining public health, safety, education, and local economies. Virginia has seen these harms firsthand, as aggressive immigration enforcement tactics have kept students out of school, disrupted agricultural work, discouraged people from seeking medical care, undermined families’ financial stability, and weakened the relationship between immigrant communities and local law enforcement. Federal agents’ use of ski masks, dark sunglasses, plainclothes, and unmarked vehicles, and refusals to identify themselves while carrying out operations, has further contributed to fear and uncertainty in affected communities.