PORTLAND, Ore. — A federal judge has ordered U.S. immigration authorities in Oregon to halt warrantless arrests during enforcement operations unless agents can clearly demonstrate that a person is likely to flee.
U.S. District Judge Mustafa Kasubhai issued the preliminary injunction on Wednesday in response to a proposed class-action lawsuit challenging the Department of Homeland Security’s enforcement tactics. The suit accuses federal agents of detaining immigrants they encounter during expanded operations without judicial warrants or legally sufficient justification, a strategy critics have described as detain first and explain later.
The ruling comes amid growing national scrutiny of immigration raids carried out under the Trump administration’s aggressive deportation push. Civil rights organizations have raised alarms about federal agents entering private property without court authorization and making arrests based solely on administrative decisions.
Although a recent internal memo from U.S. Immigration and Customs Enforcement leadership instructed agents not to conduct arrests without supervisory approval unless there is probable cause to believe someone might escape, evidence presented in court suggested that Oregon agents have repeatedly ignored that guidance.
Judge Kasubhai cited testimony showing that immigration officers conducted arrests without warrants and without assessing flight risk. One plaintiff, Victor Cruz Gamez, a 56-year-old grandfather who has lived in the United States since 1999, told the court he was detained for three weeks despite holding a valid work permit and having an active visa application under review.
The judge sharply criticized the conduct described in the case, noting that agents had drawn firearms while detaining individuals for civil immigration violations, actions he characterized as excessive and alarming.
Kasubhai warned that such practices undermine constitutional protections and erode public trust in the justice system.
“Those entrusted with immense authority must exercise it with restraint,” he said, emphasizing that due process is a foundational principle of American democracy. “When that principle is disregarded, we risk losing something fundamental.”
The lawsuit was filed by Innovation Law Lab, a nonprofit legal organization that has challenged federal immigration enforcement practices nationwide. The case could have broader implications for how immigration operations are conducted beyond Oregon, particularly as courts continue to weigh the balance between enforcement authority and constitutional rights.
By The Midtown Times Staff
