Oregon Judge Halts Warrantless Immigration Arrests
A federal judge in Oregon has issued a preliminary injunction requiring U.S. immigration agents to cease arresting individuals without warrants, except in cases where there is a high probability of escape. The ruling, issued by U.S. District Judge Mustafa Kasubhai on Wednesday, is part of a proposed class-action lawsuit challenging the Department of Homeland Security's (DHS) enforcement practices. The injunction will remain in effect as the lawsuit proceeds.
Injunction Details and Scope
U.S. District Judge Mustafa Kasubhai mandated that U.S. immigration agents operating within Oregon must halt arrests of individuals without warrants, with the sole exception being instances where there is a high probability of escape. This ruling stems from a proposed class-action lawsuit filed against the Department of Homeland Security (DHS), which alleges that the agency's practices involve arresting immigrants encountered during enforcement operations without prior warrants. The DHS did not immediately provide a comment regarding the ruling.
Similar judicial rulings restricting warrantless immigration arrests have been issued by courts in Colorado and Washington, D.C., with these decisions currently under government appeal. Civil rights groups nationally have expressed concerns over similar actions by immigration agents, including entering private property without warrants, amid broader deportation efforts.
Enforcement Guidelines and Court Evidence
Prior to this ruling, Todd Lyons, the acting head of U.S. Immigration and Customs Enforcement (ICE), had issued a memo clarifying that agents should generally not make arrests without an administrative arrest warrant from a supervisor. Exceptions were outlined for situations where agents had probable cause to believe an individual was in the U.S. illegally and was likely to escape before a warrant could be secured.
However, evidence presented to Judge Kasubhai indicated that agents in Oregon had conducted arrests during immigration sweeps without such administrative warrants or without determining that escape was likely.
Judicial Concerns and Findings
Judge Kasubhai articulated concerns regarding the potential denial of due process to individuals involved in immigration raids. He stated:
"Due process calls for those who have great power to exercise great restraint,"
a principle he described as fundamental to a democratic republic. The judge also cited agent actions in Oregon, including the use of firearms during detentions for civil immigration violations, which he characterized in his statements as "violent" and "brutal."
Plaintiff Testimony
The lawsuit features testimony from plaintiff Victor Cruz Gamez, a 56-year-old individual who has resided in the U.S. since 1999. Cruz Gamez testified that he was arrested in October while driving home from work, despite possessing a valid work permit and a pending visa application. He was initially detained and transferred to an ICE facility in Portland, then moved to a detention center in Tacoma, Washington, where he was held for three weeks. His release was secured by legal representation, which prevented his deportation.
Cruz Gamez described the emotional impact of the arrest on his family, stating that after his return, they avoided opening their door for three weeks due to fear, and one grandchild expressed reluctance to attend school. Following his testimony, a federal government lawyer conveyed an apology to Cruz Gamez regarding his experience and its impact on his family.
Legal Representation and Future Outlook
The nonprofit law firm Innovation Law Lab initiated the lawsuit. Stephen Manning, executive director of Innovation Law Lab, stated that the case aims to ensure government adherence to legal protocols. The organization also expressed confidence that the ongoing legal action could serve as a:
"catalyst for change"
in Oregon.