Oregon — Federal Judge Mustafa Kasubhai issued a groundbreaking ruling on Wednesday that restricts Immigration and Customs Enforcement (ICE) agents from making warrantless arrests in Oregon. The decision stems from a class-action lawsuit challenging the Department of Homeland Security's practice of conducting warrantless immigration arrests during enforcement operations.
The preliminary injunction requires ICE agents to obtain a warrant or demonstrate a clear likelihood of escape before detaining anyone.
Key Facts
• Federal Judge Mustafa T. Kasubhai issued the preliminary injunction on Wednesday, February 5, 2026, after an all-day hearing in Portland federal court, potentially affecting thousands of Oregon residents.
• Victor Cruz Gamez, a 56-year-old grandfather and construction worker who has lived in the United States since 1999, was detained by ICE in October 2025 while driving home from work despite holding a valid work permit and pending visa application.
• Oregon joins Washington D.C. and Colorado in imposing restrictions on warrantless immigration arrests, with the judge describing ICE practices as "violent and brutal
great, significant, and severe" harm to individuals and communities.
The ruling represents a significant shift in federal immigration enforcement authority and constitutional protections. Judge Kasubhai reviewed disturbing videos of ICE detentions showing agents pointing guns, people thrown to the ground, and handcuffed individuals detained for civil violations.
The judge emphasized that these practices violate fundamental due process rights.
Victim testimonies proved pivotal in the court's decision. Cruz Gamez tearfully recounted his arrest and three-week detention at an ICE facility in Tacoma, Washington, describing how his family lived in constant fear of another ICE visit. He recalled being told by agents,
despite his valid work authorization documents.
The preliminary injunction establishes strict documentation requirements for all warrantless arrests made by federal agents. Every detention must now be documented in narrative form, detailing flight risk assessments and information about the detainee's family ties, employment, and community connections.
This framework prioritizes accountability over blanket enforcement tactics.
The Innovation Law Lab, a Portland-based nonprofit legal organization, brought the class-action lawsuit challenging ICE's
approach. Executive Director Stephen Manning warned that entire communities live in constant fear of detention while performing ordinary activities like driving to work or buying groceries. He expressed hope the ruling would restore
Federal government attorneys argued that ICE Acting Director Todd Lyons already reminded agents about the escape likelihood requirement through a recent memo. However, Judge Kasubhai stated he did not believe Lyons' directive reflected the reality on Oregon's streets.
The judge emphasized that likelihood of escape considerations were not being made on a widespread basis.
This ruling has potential nationwide implications for immigration enforcement strategies. Other states could see similar legal challenges, and federal agencies may need to implement additional internal safeguards, documentation procedures, and training to ensure arrests comply with judicial oversight.
The decision signals that law enforcement actions at the federal level remain subject to constitutional review and accountability.
Judge Kasubhai stated from the bench.
The preliminary injunction remains in effect while the lawsuit proceeds, and federal immigration agencies in Oregon are expected to adjust their practices accordingly. Legal observers note this ruling could influence how ICE and other federal agencies approach enforcement nationwide, potentially creating a more balanced approach that addresses legal responsibilities while minimizing harm to families and communities.
Do You Know?
Oregon has become one of the main stages for intensified immigration operations since 2025, with ICE and Border Patrol agents deployed on streets, highways, apartment complexes, and rural areas after protests were held at ICE facilities in Portland, a sanctuary city. Civil organizations and lawyers have documented significant increases in arrests and warrantless entries onto private property as part of nationwide aggressive immigration enforcement efforts.
Key Terms
• Preliminary Injunction: A court order that temporarily stops an action or enforces an action during a lawsuit's ongoing proceedings, preventing harm until the case is fully decided.
• Warrantless Arrest: An arrest made without a judicial warrant issued by a court, typically allowed only in emergency situations or when a police officer witnesses a crime.
• Class-Action Lawsuit: A lawsuit filed on behalf of a large group of people who share similar legal claims, allowing individual plaintiffs to seek justice collectively against a defendant.
• Due Process: Constitutional rights guaranteeing fair treatment and legal procedures before the government can deprive someone of life, liberty, or property.
• Flight Risk: A legal determination about whether a detained person is likely to flee or fail to appear for future court proceedings before trial.
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