Judge blocks warrantless arrests in Oregon, citing ‘violent and brutal’ actions
A federal judge in Oregon has sharply curtailed U.S. Immigration and Customs Enforcement’s use of warrantless civil arrests, issuing a preliminary injunction that bans such arrests unless agents have probable cause that a person is likely to flee. The ruling, delivered Feb. 5 by U.S. District Judge Mustafa T. Kasubhai, also provisionally certifies a statewide class covering all Oregonians detained without a warrant and without a flight-risk assessment.
Key takeaways
- Warrantless civil immigration arrests in Oregon now require a pre-arrest finding of probable cause that the person poses an escape risk.
- The case centers on evidence that agents used “target-rich” location sweeps, daily quotas, and post-hoc paperwork, according to testimony.
- Videos shown in court depicted “violent and brutal” conduct, including guns drawn during civil enforcement.
- A provisional class action covers Oregonians arrested under these practices; federal officials’ request for a stay was denied.
The order and its reach
Judge Kasubhai’s injunction forbids ICE and other federal agents from enforcing any practice in Oregon that allows warrantless civil arrests without a pre-arrest probable cause finding that the person is likely to escape. The court also ordered the government to circulate the injunction internally and file compliance reports every 30 days.
Agents must now document each warrantless arrest in detail, including where it occurred, the individual’s community ties, and why a warrant could not be obtained in time. The ruling advances a broader pushback against what advocates call “arrest first, justify later”: Oregon now joins Washington, D.C., and Colorado in limiting the practice, according to Innovation Law Lab.
How the case unfolded
The injunction followed a day-long hearing marked by emotional testimony, video evidence, and arguments by attorneys for Innovation Law Lab and federal prosecutors. “Due process calls for those who have great power to exercise great restraint,” Judge Kasubhai said from the bench. He added that few harms are more irreparable than being unlawfully arrested and thrown to the ground, handcuffed, and detained.
Stephen Manning, executive director of Innovation Law Lab, said federal witnesses described “a lawless system designed to sweep up as many people as possible, with no regard for the Constitution.” In December, agents testified that they used surveillance tools to identify “target-rich” areas—prioritizing places over people—worked toward eight arrests per day, and sometimes generated warrants after detaining individuals.
People at the center of the lawsuit
One named plaintiff, identified as M-J-M-A, a 45-year-old Mexican farmworker, was among more than 30 workers detained Oct. 30 in Woodburn. According to court filings, multiple SUVs surrounded the van she shared with family members; agents pounded on windows, one officer broke the driver’s window, her flip phone was destroyed, and her nephew was punched. She had no criminal record or prior negative immigration history, lawyers said. She was transferred to the Northwest ICE Processing Center in Tacoma and later released.
Another plaintiff, Victor Cruz Gamez, a 56-year-old construction business owner from Hillsboro, testified that he was pulled over Oct. 14 by agents searching for someone else. Gamez, who has a pacemaker and a valid four-year work permit, said officers told him the permit “didn’t protect” him and never produced a warrant. At the Portland ICE office, he was twice asked to sign a voluntary deportation and denied access to a lawyer, he said. Transferred to Tacoma, he spent three weeks in custody before a judge ordered his release. He described the experience as “psychological cruelty,” recalling a freezing concrete cell at 3 a.m. and periods when he couldn’t reach his wife.
Videos, force, and the judge’s rebuke
The court reviewed three videos, including footage from an Oct. 15 Gresham arrest where agents drew their weapons inside a home while detaining two men who were not the intended target. Another video, verified by the daughter of permanent resident Junita Avila, documented a Nov. 5 arrest in Cottage Grove. Judge Kasubhai called the drawing of firearms during a civil administrative process “excessive” and behavior that “defies human decency.” He characterized the conduct shown in the videos as “violent and brutal.”
Community impact and rising activity
The enforcement surge has rattled communities, with Woodburn declaring a state of emergency in November amid empty storefronts and residents afraid to leave home. Manning told the court that nearly 1.6 million Oregonians now live in jurisdictions under emergency declarations tied to Department of Homeland Security actions. The Portland Immigrant Rights Coalition reported a steep increase in detentions based on hotline calls: from 52 reports in September 2025 to 286 in October, 379 in November, 251 in December, and 79 in January 2026. The Deportation Data Project counted more than 1,100 arrests in Oregon in 2025.
Class certification and what’s next
The judge granted provisional class status for people in Oregon arrested for suspected immigration violations without a warrant and without a prior determination of flight risk. Government attorneys sought a stay, arguing they lacked notice that certification would be addressed at the hearing; Kasubhai denied the request, finding the issue was sufficiently flagged through motions, briefing, and discussions.
Federal lawyers also pointed to a memo from Acting ICE Director Todd M. Lyons as evidence that the agency already follows the law, calling it “the exact remedy” sought by plaintiffs. The court was unpersuaded. DHS did not immediately comment.
Innovation Law Lab has filed a related suit on behalf of Pineros y Campesinos Unidos del Noroeste and CLEAR Clinic, alleging clients were denied access to counsel and swiftly transferred out of state; that case is ongoing. For now, with the injunction in force, Manning said the community can hope for “a return to some sense of normality.”
