A federal judge has ordered US immigration agents in Oregon to stop making warrantless arrests during enforcement operations unless there is a clear likelihood that a person could flee before a warrant is obtained.
US district judge Mustafa Kasubhai issued the preliminary injunction Wednesday in a proposed class-action lawsuit challenging the Department of Homeland Security’s arrest practices. The ruling directly targets what critics have described as an “arrest first, justify later” approach during ramped-up immigration enforcement efforts.
The injunction bars US Immigration and Customs Enforcement (ICE) agents in Oregon from detaining individuals for civil immigration violations without an administrative warrant approved by a supervisor, unless agents develop probable cause to believe the person is in the country unlawfully and likely to escape before a warrant can be secured.
Kasubhai’s decision follows testimony and evidence presented during a daylong hearing indicating that agents in Oregon had conducted sweeps without obtaining such warrants or establishing a likelihood of flight. The judge described some enforcement actions as “violent and brutal,” citing reports that agents had drawn firearms while detaining individuals for civil immigration violations.
“Due process calls for those who have great power to exercise great restraint,” Kasubhai said from the bench. “That is the bedrock of a democratic republic founded on this great constitution. I think we’re losing that.”
Related News: White House Removes AI Video of Obamas From Trump Account After Backlash
The lawsuit was filed by Innovation Law Lab, a nonprofit legal organization. Its executive director, Stephen Manning, told the court he believes the case will be a “catalyst for change here in Oregon.”
“That is fundamentally what this case is about: asking the government to follow the law,” Manning said during the hearing.
One of the plaintiffs, Victor Cruz Gamez, a 56-year-old grandfather who has lived in the United States since 1999, testified that he was arrested despite having a valid work permit and a pending visa application.
Cruz Gamez told the court he was driving home from work in October when immigration agents pulled him over. After presenting his driver’s license and work permit, he was taken to an ICE facility in Portland and later transferred to an immigration detention center in Tacoma, Washington.
He said he remained detained for three weeks and was scheduled for deportation until an attorney secured his release. Cruz Gamez became emotional while describing the toll the arrest took on his family. He testified that after he returned home, his family did not open their door for three weeks out of fear, and one grandchild refused to attend school.
According to his testimony, a lawyer for the federal government later apologized for what he experienced and the impact on his family.
The Department of Homeland Security, named as a defendant in the lawsuit, did not immediately respond to a request for comment from the Associated Press.
The ruling in Oregon mirrors similar federal court decisions in Colorado and Washington DC, where judges have restricted warrantless immigration enforcement actions. The federal government has appealed those rulings.
The preliminary injunction will remain in effect while the lawsuit proceeds, setting up a broader legal fight over the limits of immigration enforcement authority and constitutional due process protections.
Read More: Michelle Obama Documentary Surges During Melania Opening
Also Read: Congress to Access Unredacted Jeffrey Epstein Files at DOJ
