PORTLAND, Ore. (AP) — U.S. immigration agents in Oregon must stop arresting people without warrants unless there’s a likelihood of escape, a federal judge ruled Wednesday.
U.S. District Judge Mustafa Kasubhai issued a preliminary injunction in a proposed class-action lawsuit targeting the Department of Homeland Security’s practice of arresting immigrants they come across during intensified enforcement operations—aptly described by critics as arrest first, justify later.\
This decision comes amid growing concerns among civil rights groups about immigration agents entering private property without court-issued warrants as part of the Trump administration's mass deportation efforts.
In a memo last week, Todd Lyons, the acting head of U.S. Immigration and Customs Enforcement, instructed agents not to make arrests without an administrative warrant unless they have probable cause to believe the person is likely to escape from the scene.
However, evidence presented in court showed that immigration agents in Oregon have been arresting individuals during their immigration sweeps without obtaining the necessary warrants or justifying a perceived risk of escape.
This included testimony from plaintiffs like Victor Cruz Gamez, a 56-year-old grandfather arrested and detained for three weeks despite holding a valid work permit and having a pending visa application.
Judge Kasubhai characterized the actions of Oregon agents—often resorting to drawing guns during detentions for civil immigration violations—as violent and brutal. He expressed deep concerns regarding the erosion of due process for individuals swept up in these immigration raids, stating, Due process calls for those who have great power to exercise great restraint...and I think we’re losing that.”
The nonprofit law firm Innovation Law Lab initiated the lawsuit.
