Immigration and Customs Enforcement agents have been violating a court order over how they carry out arrests in D.C., a federal judge says. The order issued in December barred ICE from making warrantless arrests unless agents first determined there was probable cause the person could flee before a warrant could be obtained. U.S. District Court for D.C. Judge Beryl Howell ruled Thursday ICE was not fully complying with her order. She issued a 45-page opinion in which she stated Department of Homeland Security was relying on a memo by acting ICE Director Todd Lyons that authorized agents to arrest people deemed “likely to escape.” In her opinion, Howell argued the memo went against her original order, which required agents consider factors like a person’s community ties, work situation and how long they’ve been in the country before deeming if they could be an escape risk and getting a warrant. Advocacy groups CASA and the ACLU sued the Trump administration to end to warrantless arrests in the District. “I think that the most recent ruling from the district court shows that the government and the Trump administration are not above the law,” ACLU DC attorney Aditi Shah said. Attorneys argued warrantless arrests continued after the preliminary injunction, documenting 33 cases. Local Washington, D.C., Maryland and Virginia local news, events and information “Someone can be detained and their family will have no idea where they are,” CASA Deputy Legal Director Shana Khader. “They’re not able to let their family know and they just don’t come home from work one day. It’s devastating in just the most basic and critical ways.” News4 reached out to ICE to ask about the judge’s latest ruling but has not heard back. In December, after the preliminary injunction was granted, a DHS spokesperson told News4 it isn’t a case about legal standards and categorized it as open-borders groups trying to prevent the Trump administration from fulfilling its immigration policies. “We will continue to fight for the rights of our clients and ensure that people get the safeguards they need,” Shah said. The Trump administration filed an appeal. Get the D.C. area's top news and weather delivered to your inbox every morning. Sign up for First & 4Most, our free newsletter.