Attorney General Bonta Supports Litigation Challenging Unlawful Immigration Arrests

OAKLAND — California Attorney General Rob Bonta today co-led a multistate coalition in filing 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. The brief highlights the widespread harms that unlawful immigration enforcement practices have inflicted on communities across the country, including in California. 

“The Trump Administration has engaged in an aggressive, militaristic mass deportation program with no regard for people’s humanity and dignity,” said Attorney General Bonta. “Federal immigration agents are arresting people without the requisite probable cause determination, often while masked, wearing armor, and carrying lethal weapons. California will not stand by while this Administration creates fear in our immigrant communities. We will continue to fight back, defend our neighbors, and stand up for the rights and dignity of every person.”

Across the country, federal immigration agents have escalated their enforcement activities, disrupting communities and undermining public health, safety, education, and local economies. California 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. 

Today’s brief was filed in Escobar-Molina v. DHS, a case challenging DHS’s policy and practice of conducting unlawful warrantless civil immigration arrests in the District of Columbia. On December 2, 2025, the U.S. District Court for the District of Columbia granted in part a motion for a preliminary injunction. 

Attorney General Bonta has consistently fought against unlawful federal immigration enforcement practices across the country. Earlier this month, he filed a lawsuit challenging the Trump Administration’s policy and practice of carrying out civil immigration enforcement in and around state courthouses. He also supported challenges to unlawful federal immigration enforcement practices in several cases:

• United Farm Workers v. Noem: He filed an amicus brief in support of a challenge to DHS’s “Operation Return to Sender” in Kern County, where roving patrols and warrantless arrests kept children out of school and workers at home.
• Vasquez Perdomo v. Noem: He led a multistate coalition in filing an amicus brief challenging suspicionless stops during “Operation at Large” in Los Angeles, which disrupted local businesses and led to the cancellation of community events.
• Ramirez Ovanda v. Mullins: He co-led a multistate brief in support of plaintiffs challenging ICE’s policy and practice of carrying out unlawful warrantless arrests in Colorado.

In filing the brief, Attorney General Bonta, District of Columbia Attorney General Brian Schwalb, and Colorado Attorney General Phil Weiser lead the attorneys general of Arizona, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Virginia, and Washington.