Federal Judge Bars Warrantless ICE Arrests in Oregon
U.S. District Judge Mustafa Kasubhai issued a preliminary injunction barring warrantless immigration arrests in Oregon.
Overview
U.S. District Judge Mustafa Kasubhai issued a preliminary injunction Wednesday barring the Department of Homeland Security and U.S. Immigration and Customs Enforcement from making warrantless immigration arrests in Oregon unless officers document an individualized likelihood of flight, court records show.
Kasubhai said agents in Oregon had routinely arrested people without warrants, described some detentions and drawn guns as "violent and brutal," and warned that due process requires restraint, according to the hearing transcript.
Victor Cruz Gamez, a 56-year-old plaintiff, testified he was stopped while driving home in October, detained for three weeks in immigration custody despite showing a work permit and a pending visa application, his testimony showed.
The nonprofit law firm Innovation Law Lab brought the proposed class-action suit and Kasubhai ordered the government to notify officers of the injunction and to document and regularly report any future warrantless arrests, the court order states.
Similar district court rulings in Colorado and Washington, D.C., have drawn government appeals, and the preliminary injunction in Oregon will remain in effect while the lawsuit proceeds, court filings show.
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FAQ
U.S. District Judge Mustafa Kasubhai issued a preliminary injunction barring ICE from making warrantless immigration arrests in Oregon unless officers document an individualized likelihood of flight risk.[1]
Victor Cruz Gamez, a 56-year-old construction worker and grandfather who has lived in the U.S. since 1999, was arrested without a warrant while driving home, detained for three weeks despite having a valid work permit and pending visa application.
The judge ordered ICE to notify officers of the injunction, document any future warrantless arrests, and regularly report them to the court.[1]
Innovation Law Lab filed the proposed class-action suit targeting DHS and ICE's practice of warrantless arrests during enforcement operations, described as 'arrest first, justify later.'
Similar preliminary injunctions against warrantless ICE arrests have been issued in Colorado and Washington, D.C., with government appeals filed; the Oregon injunction remains in effect during the lawsuit.[1]
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