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 happen to come across while conducting ramped-up enforcement operations — which critics have described as “arrest first, justify later.”
Similar actions, including immigration agents entering private property without a warrant issued by a court, have drawn concern from civil rights groups across the country amid President Trump’s mass deportation efforts. In a memo last week, Todd Lyons, the acting head of U.S. Immigration and Customs Enforcement, emphasized that agents should not make an arrest without an administrative arrest warrant issued by a supervisor unless they develop probable cause to believe the person is likely to escape from the scene.
However, testimonies revealed that agents in Oregon have conducted arrests without such warrants or assessing the likelihood of escape. Among those affected was Victor Cruz Gamez, a 56-year-old grandfather who has lived in the U.S. since 1999. He shared his experience of being held in immigration detention for three weeks despite possessing a valid work permit and a pending visa application.
Judge Kasubhai expressed concern about the violent and brutal actions of agents during raids, highlighting the erosion of due process rights for individuals caught in such operations. He remarked, Due process calls for those who have great power to exercise great restraint. That is the bedrock of a democratic republic founded on this great constitution. I think we’re losing that. The nonprofit law firm Innovation Law Lab is behind the lawsuit, marking a significant step in the ongoing dialogue about immigration enforcement practices in the U.S.
