ICE can't make warrantless arrests in Oregon unless there's risk of escape, judge rules
3 minute readPublished: Thursday, February 5, 2026 at 3:38 am
Federal Judge Limits ICE Arrests in Oregon
A federal judge has issued a preliminary injunction restricting Immigration and Customs Enforcement (ICE) agents in Oregon from making warrantless arrests. The ruling, delivered Wednesday by U.S. District Judge Mustafa Kasubhai, mandates that ICE agents must cease arresting individuals without warrants unless there is a demonstrable risk of escape.
The decision stems from a class-action lawsuit challenging the Department of Homeland Security's practice of arresting immigrants during enforcement operations. Critics have labeled these operations as "arrest first, justify later," raising concerns among civil rights groups. The lawsuit was filed by the nonprofit law firm Innovation Law Lab.
The ruling places Oregon alongside Colorado and Washington, D.C., as jurisdictions where the Trump administration is prohibited from conducting warrantless arrests without first establishing a flight risk. A similar lawsuit is pending in Minnesota. The government is currently appealing rulings in Colorado and D.C.
The court heard evidence of ICE agents in Oregon arresting individuals without warrants or assessing escape risk. Testimony included the case of Victor Cruz Gamez, a 56-year-old grandfather with a valid work permit and pending visa application, who was detained for three weeks. Another witness, identified as M.A.M., presented video evidence of armed agents entering a residence in search of someone who did not live there.
Judge Kasubhai concluded that the plaintiffs were likely to succeed in their case, citing "a pattern of practice of executing warrantless arrests without sufficient evidence." He also expressed concern over the actions of agents, including the use of firearms during detentions, and the potential denial of due process to those caught in immigration raids. The judge emphasized the importance of upholding the Constitution and exercising restraint when wielding significant power.
BNN's Perspective: This ruling highlights the ongoing tension between immigration enforcement and constitutional rights. While ensuring public safety is paramount, it is crucial to balance that with due process and the protection of individual liberties. The judge's concerns about the potential for overreach by ICE agents are valid and underscore the need for clear guidelines and oversight in immigration enforcement practices.
Keywords: ICE, warrantless arrests, Oregon, immigration, federal judge, Mustafa Kasubhai, Department of Homeland Security, due process, civil rights, Trump administration, Innovation Law Lab, flight risk, Victor Cruz Gamez, immigration raids, enforcement operations.