In brief
In a landmark decision, U.S. District Judge Mustafa Kasubhai has mandated that immigration agents in Oregon can no longer make arrests without proper warrants, unless there is a credible risk of the individual escaping. This ruling comes amidst increasing scrutiny of immigration enforcement practices under the Department of Homeland Security, particularly those that critics publicly label as 'arrest first, justify later'. The judge highlighted severe concerns around civil rights violations and due process during immigration raids, implying a need for accountability within enforcement agencies.
PORTLAND, Ore. — In a significant ruling concerning immigration enforcement practices, U.S. District Judge Mustafa Kasubhai has ordered that immigration agents in Oregon must cease making warrantless arrests unless there is a demonstrable risk of the individual fleeing the scene.
The decision arises from a proposed class-action lawsuit aimed at the Department of Homeland Security's (DHS) controversial 'arrest first, justify later' approach. This ruling reflects a growing call from civil rights advocates for reforms in how immigration laws are enforced, especially in light of President Trump's aggressive deportation policies.
Last week, Todd Lyons, acting head of U.S. Immigration and Customs Enforcement (ICE), clarified that agents should refrain from executing arrests without a supervisor-issued administrative warrant unless they have probable cause to suspect the target is likely to escape.
However, evidence presented in court highlighted disturbing practices carried out by immigration agents in Oregon, including making arrests in operations without securing warrants or appropriately assessing escape risks.
Among those who testified was Victor Cruz Gamez, a 56-year-old grandfather who has resided in the U.S. since 1999. He recounted being detained for three weeks despite holding a valid work permit and having a pending visa application.
Judge Kasubhai expressed deep concern over the violent and brutal nature of the arrests carried out by immigration agents in the state and emphasized the critical importance of due process rights. He stated, Due process calls for those who have great power to exercise great restraint. That is the bedrock of a democratic republic founded on this great constitution. I think we’re losing that.
The lawsuit was brought forth by the nonprofit law firm Innovation Law Lab, advocating for the rights and protections of those involved in immigration proceedings.
