A federal judge ruled that U.S. Marshals lack legal authority and the necessary training to arrest or detain criminal defendants for civil immigration violations in Washington, D.C.’s local court system. This decision represents a setback for immigration enforcement under the Trump administration.
The ruling arose from the case of a man identified as N.S., who was detained by U.S. Marshals in January 2020 after a judge ordered his release in a criminal case. U.S. District Judge Royce Lamberth, in a 21-page opinion, noted that the Marshals held him on an ICE detainer until immigration officers took custody.
This lawsuit became a class action challenging the Marshals Service’s practice of detaining individuals for suspected civil immigration violations. Although a federal court initially barred this practice in 2021, the U.S. Court of Appeals for the District of Columbia Circuit later vacated that injunction. The appeals court found that Marshals lacked proper authority due to insufficient immigration training and returned the case to the district court for further relief.
Efforts to enhance immigration enforcement involved multiple federal agencies, including the FBI, DEA, and U.S. Marshals Service, to support ICE. During this period, ICE averaged approximately 1,474 arrests per day in early July, with the detention population reaching 65,765 people.
Judge Rejects DHS Authorization
On review, the government argued that the situation was moot due to Marshals receiving immigration-related training and a January 2025 order by then-acting Homeland Security Secretary Benjamin C. Huffman allowing certain immigration enforcement functions.
Judge Lamberth disagreed, ruling that this order did not legally authorize U.S. Marshals to conduct civil immigration arrests. He determined that DHS could not expand authority through an internal memorandum without following the proper notice-and-comment rulemaking procedures required by the Administrative Procedure Act.
The court found that the Marshals’ training, consisting of virtual instruction from ICE attorneys, did not meet the standards outlined in federal regulations. Lamberth rejected the government’s motion to dismiss and declared that U.S. Marshals lack authority and necessary training for these arrests in D.C. Superior Court.
Concerns about federal agents’ training and use of force have increased following several deadly immigration enforcement incidents, including the January shooting deaths in Minnesota and subsequent cases in Texas and Maine.