PORTLAND, Ore. — A federal judge has ruled that immigration agents in Oregon must cease the arrest of individuals without warrants unless there is a significant chance of escape, delivering a pivotal legal ruling that could reshape immigration enforcement practices in the state. U.S. District Judge Mustafa Kasubhai's preliminary injunction arose from a class-action lawsuit filed against the Department of Homeland Security (DHS) that criticized the practice of conducting immigration sweeps without proper warrants. Critics have likened this approach to 'arrest first, justify later.' The ruling comes amid ongoing debates surrounding civil rights and due process in immigration enforcement. In a recent memo, Todd Lyons, the acting head of U.S. Immigration and Customs Enforcement (ICE), reiterated that warrants are necessary unless there is credible suspicion that a person may attempt to flee the scene. However, the judge’s ruling revealed troubling evidence from the Oregon case that showed agents often made arrests without a warrant and without assessing escape likelihood. Plaintiffs testified about the harsh realities of such arrests, including Victor Cruz Gamez, a 56-year-old grandfather arrested despite holding a valid work permit and pending visa application. Judge Kasubhai characterized the mindset of the agents involved as 'violent and brutal,' expressing deep concerns about the erosion of due process within the current immigration framework. He stressed that 'great power' must be met with 'great restraint' to uphold the tenets of a democratic republic founded on Constitutional rights. The litigation was brought forward by the nonprofit law firm Innovation Law Lab, aiming to highlight and rectify the often harsh realities faced by immigrants caught in the enforcement crosshairs.
Federal Judge Limits Immigration Arrests Without Warrant in Oregon
A federal judge has ruled that U.S. immigration agents in Oregon cannot arrest individuals without a warrant unless there is a threat of escape, marking a significant legal victory for immigrant rights advocates.
U.S. District Judge Mustafa Kasubhai issued a preliminary injunction against the Department of Homeland Security's practice of warrantless arrests during routine immigration sweeps in Oregon. The ruling emphasizes the need for probable cause and judicial oversight, condemning the brutal and violent tactics used during these operations. Testimonies from plaintiffs highlight the real-life implications of these practices on vulnerable individuals.
