We have followed this case since Tangerine 1.0, in 2018. It is still actively seeing the release of people grabbed off the street lawlessly by ICE agents, here. Below is the update from USDC Judge Michael Cummings, in the Dirksen building.

Do go read it all — but here’s a bit — establishing what is NOT “probable cause” to detain/arrest:

…[Scheduling:] Plaintiffs shall respond to defendants’ request for clarification by March 3, 2026. Defendants shall file a reply in support of their request by March 6, 2026. The Court will review the parties’ submissions and will either issue a ruling by mail or set a hearing if appropriate….

[On substantive law:] Defendants assert that there is probable cause because JGT stopped working when the agent approached and appeared nervous (Dckt. #296 at 9). The fact that JGT appeared nervous and stopped working when the agents approached is insufficient to establish probable cause. See, e.g., Ramirez Ovando v. Noem, No. 1:25-CV03183-RBJ, 2025 WL 3293467, at *16 (D.Colo. Nov. 25, 2025). After consideration of the relevant factors, the Court finds that plaintiffs have proven by a preponderance of the evidence that JGT was arrested without a warrant and that defendants’ agents lacked probable cause to believe that JGT was likely to escape before a warrant could be obtained for his arrest….

Defendants assert that there is probable cause because the agent noticed that AI abruptly changed the direction he was walking and continued to watch the agent’s car as it drove by (Dckt. #296 at 9). At most, this fact is “merely suspicious” and it falls short of showing a “substantial probability” that he is likely to escape as is required for probable cause. See, e.g., Ramirez Ovando, 2025 WL 3293467, at *15. After consideration of the relevant factors, the Court finds that plaintiffs have proven by a preponderance of the evidence that defendants’ agents lacked probable cause to believe that JGT was likely to escape before a warrant could be obtained for his arrest….

Defendants assert that probable cause exists because ZZ was walking out of a store, saw the agents, and began acting “very nervously” (Dckt. #296 at 9). This fact is insufficient to establish probable cause for the reasons stated above. After consideration of the relevant factors, the Court finds that plaintiffs have proven by a preponderance of the evidence that defendants’ agents lacked probable cause to believe that ZZ was likely to escape before a warrant could be obtained for his arrest….

Defendants assert that probable cause exists because LVS began crying when the agent approached and begged him not to arrest her and the agent indicates that she tried to flee and refused to obey instructions (Dckt. #296 at 9). The I-213’s specific narrative of what occurred during the encounter does not indicate that LVS tried to flee or that she refused to obey instructions. Moreover, the fact that LVS started crying and begged not to be arrested does not support a finding of probable cause that she would be likely to flee before agents could obtain a warrant for her arrest. After consideration of the relevant factors, the Court finds that plaintiffs have proven by a preponderance of the evidence that defendants’ agents lacked probable cause to believe that LVS was likely to escape before a warrant could be obtained for her arrest….

These people… are monsters — they should find other lines of work. This is soul-crushing work — it does no one… any good. We the people should can the lot of them.

[Onward, to a piece of experimental theater — about the lynching of Emmett Till, on the city’s west side, this afternoon. ]

नमस्ते