SEATTLE (AP) — A federal judge says police in Tukwila acted unconstitutionally when they arrested an illegal immigrant and turned him over to immigration authorities for deportation.



Wilson Rodriguez Macareno, who is originally from Honduras, called police early last year about someone trespassing in his yard. The officers instead arrested him based on indications he was in the country illegally and brought him to a detention center for deportation.



U.S. District Judge Richard Jones ruled Wednesday that the local police did not have the authority to arrest him for a civil, federal violation. He said a trial will be held to determine what damages the officers must pay.



The judge said he would not hold the city liable because there was not enough evidence the officers were acting with the city's blessing.



Rodriguez, who has three U.S.-born children, is out of custody while he appeals his deportation order.