Maryland AG Fights ICE Warrantless Arrests in Court

State of MD - Maryland Attorney General Anthony G. Brown filed a brief in federal court this week asking a judge to stop U.S. Immigration and Customs Enforcement from making warrantless arrests across the state. The brief was filed in the U.S. District Court for the District of Maryland.

The filing supports a class action lawsuit called Guzmán v. DHS. The case was brought by Samuel Guzmán, three other plaintiffs, and the group We Are CASA.

The lawsuit claims ICE has been arresting people in Maryland without a warrant and without the proof required by law. Federal law says officers can only make a warrantless immigration arrest if they have probable cause that a person is in the country illegally and is likely to flee before a warrant can be obtained.

"The law is clear about what ICE must establish before making a warrantless arrest, and Maryland families are entitled to that protection," Brown said. "This brief urges the court to hold ICE to the law and put a stop to unlawful arrests in our State."

Maryland's brief backs the plaintiffs' request for a court order. That order would require ICE to get a probable cause determination before making a warrantless arrest in the state.

The brief argues these arrests have caused real harm across Maryland. It points to falling graduation rates among Hispanic and English-learner students. It also points to immigrants skipping medical care out of fear.

The brief also raises concerns about the local economy and trust in police. It says businesses have been affected and that fewer victims and witnesses are willing to talk to police or report crimes.

According to the brief, ICE has made nearly 7,000 warrantless arrests in Maryland since January 2025. That is close to a 500 percent jump in the weekly rate of these arrests compared to the year before.

The brief says some of the people arrested were U.S. citizens. One of them was plaintiff Samuel Guzmán, who was born in Annapolis. Court records show that when Guzmán told an ICE agent he was a citizen, the agent responded, "if you are an American citizen, why don't you speak better English?"

According to the press release from AG Brown's Office, there are more than one million people living in Maryland who are immigrants. Attorney General Brown's office says it will keep working to protect the rights of immigrant families and all Marylanders.