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FJP Urges Federal Appeals Court to Uphold Constitutional Limits on Immigration Enforcement
Amicus brief warns that unlawful arrests and diversion of law enforcement resources undermine constitutional protections, public trust and community safety
October 21, 2026 (Washington, D.C.) — Fair and Just Prosecution (FJP), alongside the Cato Institute and Law Enforcement Action Partnership (LEAP), filed an amicus brief in Escobar Molina v. U.S. Department of Homeland Security, urging the U.S. Court of Appeals for the D.C. Circuit to uphold a preliminary injunction limiting warrantless immigration arrests in Washington, D.C.
Federal immigration agents have stopped and arrested people without either a warrant or probable cause as required by law, and these unconstitutional arrests have been based solely on perceived race, ethnicity or appearance. The amici warn that these practices not only violate constitutional protections but also erode public trust in law enforcement. The amici also caution that immigration enforcement priorities are diverting critical resources away from investigating serious crimes.
“Law enforcement has a fundamental responsibility to uphold the Constitution, protect the rights and safety of every person, and ensure that justice is administered fairly,” said FJP Executive Director Aramis N. Donell. “That responsibility cannot be set aside in pursuit of arbitrary enforcement goals. Stopping or arresting people based on the color of their skin rather than probable cause that they have committed a crime violates the constitutional protections that safeguard us all. Furthermore, diverting officers from serious criminal investigations to carry out low-level immigration arrests also comes at a real cost to public safety. Victims deserve justice, communities deserve protection, and both must remain at the center of law enforcement’s priorities.”
According to research from the Cato Institute, over 42,000 federal, state and local personnel assisted immigration enforcement operations during a period in August 2025, including more than 28,000 from federal law enforcement agencies. Homeland Security Investigations has reportedly suspended investigations involving human trafficking, child exploitation, cybercrime and terrorism to prioritize immigration arrests. Immigration agents have also detained U.S. citizens, including in cases where individuals’ proof of citizenship was disregarded, underscoring the dangers of enforcement practices that are not supported by warrants or probable cause and trample constitutional safeguards.
In Washington, D.C., aggressive immigration enforcement has fueled fear and eroded trust in local law enforcement. When victims and witnesses fear that seeking help or cooperating with an investigation could put them or their loved ones at risk of detention, crimes may go unreported, investigations become more difficult, and public safety suffers.
FJP, Cato and LEAP are asking the D.C. Circuit to affirm the district court’s preliminary injunction and preserve the constitutional safeguards governing immigration stops and arrests.
Read the amicus brief here.