WASHINGTON—The DC Circuit Court of Appeals has issued a ruling vacating a lower court’s injunction ordering United States Marshals not to arrest illegal aliens for being in the country unlawfully. The Immigration Reform Law Institute (IRLI) had filed a brief in the case in support of the Marshals’ authority to do just that.
The plaintiff in this case, an illegal alien arrested in DC for robbery and destruction of property, was placed in immigration custody by a U.S. Marshal at the request of Immigration and Customs Enforcement (ICE). After the alien sued the Marshal, the district court enjoined all U.S. Marshals in DC from making immigration arrests, even at the request of ICE.
Following IRLI’s brief in support of the Marshall, however, and an intervening Supreme Court decision, the DC Circuit ruled that the injunction was not even within the jurisdiction of the district court, and vacated it.
“We have all heard of sanctuary cities and states, which unlawfully refuse to cooperate with ICE, but according to the district court, even U.S. Marshals, who are federal law enforcement officers, can be ordered by a United States court not to cooperate with ICE,” said Dale L. Wilcox, executive director and general counsel of IRLI. “We are pleased the appellate court read the law correctly here, avoided this absurd result, and vacated the lower court’s injunction.”
The case is N.S. v. Dixon, No. 21-5275 (D.C. Circuit).
