Judge Limits U.S. Marshals in Immigration Arrests in D.C.

A federal judge has determined that U.S. Marshals lack the legal authority and necessary training to arrest or detain individuals in Washington, D.C.’s local court for suspected civil immigration violations. This decision marks a setback for the Trump administration’s immigration enforcement strategy.

The case revolves around a man identified as N.S. in court documents. N.S. was detained by U.S. Marshals in January 2020 after a D.C. judge ordered his release following a criminal court appearance. U.S. District Judge Royce Lamberth of the U.S. District Court for the District of Columbia noted in a 21-page opinion that Marshals held N.S. on an ICE detainer until immigration officers arrived to assume custody.

The lawsuit evolved into a class action challenging the practice of detaining criminal defendants for suspected civil immigration violations. In 2021, a federal court initially halted this practice, yet the injunction was later vacated by the U.S. Court of Appeals for the District of Columbia Circuit following a Supreme Court decision limiting classwide injunctions in specific immigration cases.

The appeals court nonetheless affirmed that Marshals lacked the authority to arrest N.S., citing their failure to receive required training under federal immigration regulations. The case was sent back to the district court to evaluate available relief.

The Department of Justice did not immediately respond to Newsweek’s request for comment.

Trump Administration’s Federal Agency Involvement

The Trump administration enlisted numerous federal agencies, including the FBI, DEA, and the U.S. Marshals Service, to assist Immigration and Customs Enforcement (ICE) with arrests. This mobilization aimed to broaden the reach and capacity of immigration enforcement. Data from ICE indicates an average of 1,474 daily arrests in early July, an increase from over 1,300 in June. The detention population also grew to 65,765 individuals, nearing its peak from early February.

Judge’s Rejection of DHS Authorization Order

Upon reconsideration, the government argued the case was mostly moot since Marshals had received some immigration-related training. Additionally, a January 2025 directive by acting Homeland Security Secretary Benjamin C. Huffman attempted to authorize Marshals to conduct specific immigration-enforcement tasks.

Judge Lamberth dismissed these arguments. He ruled that the January 2025 order did not legally authorize U.S. Marshals to perform civil immigration arrests. The order intended to empower Marshals to execute immigration officer duties, including apprehending suspected immigration violators. However, Lamberth indicated the Department of Homeland Security (DHS) can’t expand this authority via internal memorandums without adhering to the Administrative Procedure Act’s notice-and-comment rulemaking process.

The court found the 2025 order didn’t amend regulations or legitimately delegate authority for Marshals to make civil immigration arrests. Additionally, Lamberth concluded that the requirement for Marshals to receive training was not met.

The ruling noted Marshals in D.C. Superior Court received virtual training from ICE attorneys on civil immigration authorities and constitutional matters related to immigration enforcement. However, the government failed to prove this training equaled the federal regulations’ specified courses.

Judge Lamberth denied the government’s motion to dismiss and issued a declaratory judgment affirming the lack of authority and training for U.S. Marshals to detain or arrest defendants in D.C. Superior Court for suspected civil immigration violations.

Concerns Over Training and Use of Force

Concerns about federal agents’ training and use of force have intensified after several deadly immigration enforcement incidents. These include the January fatalities of Renee Nicle Good and Alex Pretti in Minnesota, the July death of Lorenzo Salgado Araujo in Texas, and Johan Sebastián Durán Guerrero’s fatal shooting in Maine.

For further information on this story, contact Newsweek editors John Fitzpatrick and Dave Siminoff.