PORTLAND, Ore. (FluxDaily) — U.S. immigration agents in Oregon must stop arresting individuals 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 encountered during enforcement operations, which critics have called “arrest first, justify later.”
These actions, including entering private property without a warrant, have sparked concerns from civil rights organizations, especially amid heightened deportation efforts.
Judge Kasubhai emphasized that agents should not make an arrest without an administrative warrant unless they have probable cause that escape is imminent.
Evidence presented during the lawsuit revealed that agents have conducted arrests without such warrants or verifying escape risks. One plaintiff, Victor Cruz Gamez, recounted his arrest, lasting three weeks in detention despite holding a valid work permit and pending visa application.
Judge Kasubhai criticized the agents' actions as “violent and brutal,” raising alarms regarding the denial of due process to those affected by immigration raids. “Due process requires those in power to exercise great restraint,” he stated, reflecting on the erosion of constitutional rights.
The lawsuit, brought forth by the nonprofit law firm Innovation Law Lab, seeks to hold accountable the practices of U.S. Immigration and Customs Enforcement in Oregon.
