Updated Feb. 4, 2026 — A federal judge has ordered that Immigration and Customs Enforcement agents in Oregon may not make warrantless arrests unless they have reason to believe the person is likely to flee.
U.S. District Judge Mustafa Kasubhai issued a preliminary injunction Wednesday in a proposed class-action suit brought by the nonprofit Innovation Law Lab. The lawsuit challenges the Department of Homeland Security’s practice of arresting immigrants encountered during intensified enforcement operations — a tactic critics have dubbed “arrest first, justify later.” The injunction bars warrantless arrests in Oregon except when officers develop probable cause that the individual will escape from the scene.
Kasubhai’s ruling follows similar preliminary injunctions issued in Colorado and Washington, D.C., where courts limited the federal government’s ability to carry out warrantless arrests without first determining the arrestee poses a flight risk. A related lawsuit is pending in Minnesota, and the government is appealing the Colorado and D.C. decisions.
Last week, acting ICE director Todd Lyons issued new guidance directing agents not to arrest someone without an administrative arrest warrant signed by a supervisor unless they have probable cause to believe the person is likely to flee. Lyons also expanded the types of circumstances agents may consider when concluding that seeking a warrant could create an opportunity for escape.
At Wednesday’s hearing, plaintiffs presented evidence they say shows ICE agents in Oregon have continued to detain people during sweeps without obtaining warrants or establishing a likelihood of flight. Witnesses described multiple incidents, including the case of Victor Cruz Gamez, a 56-year-old grandfather who says he has lived in the U.S. since 1999. Cruz Gamez reported being held in immigration detention for three weeks despite having a valid work permit and a pending visa application.
Testimony also included an account from a person identified as M.A.M., who said she recorded video of two armed agents bursting into a bedroom while searching for someone who did not live there. The October raid footage circulated on social media and was previously reported in local news.
Judge Kasubhai said plaintiffs were likely to prevail on their claims and that the record showed “ample evidence” of a pattern of executing warrantless arrests without sufficient justification. He criticized some Oregon enforcement tactics — including agents drawing guns on people for civil immigration violations — as “violent and brutal,” and warned of due process concerns during raids.
“I’m concerned, as a public servant, and as someone who has to, by virtue of my oath, to uphold the constitution, when I see actions and behavior on behalf of our executive branch that does not observe that same commitment,” Kasubhai said at the hearing. “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 injunction is preliminary, meaning it temporarily restricts ICE’s warrantless-arrest practices in Oregon while the case proceeds. The government may appeal Kasubhai’s order.
Amanda Arden contributed to this report.