PORTLAND, Ore. (AP) — In a significant ruling for civil rights, a federal judge has mandated that U.S. immigration agents in Oregon must cease arresting individuals without warrants, unless they can demonstrate a likelihood of escape.
U.S. District Judge Mustafa Kasubhai issued the preliminary injunction in response to a proposed class-action lawsuit against the Department of Homeland Security, which has faced criticism for its practices deemed 'arrest first, justify later'.
Concerns have been raised nationwide regarding immigration agents entering private property without court-issued warrants, particularly amid the aggressive deportation initiatives under past administrations. In a recent memo, Todd Lyons, acting head of U.S. Immigration and Customs Enforcement, reinforced that no arrests should occur without an administrative warrant unless probable cause is established.
However, evidence during the court proceedings revealed troubling practices among Oregon agents, who allegedly made arrests without appropriate warrants or assessing an escape risk.
Testimonies included accounts such as that of Victor Cruz Gamez, a 56-year-old grandfather who has lived in the U.S. since 1999. He recounted being detained for three weeks despite holding a valid work permit and pending visa application.
Judge Kasubhai condemned immigration agents' actions as “violent and brutal,” emphasizing the importance of maintaining due process for individuals affected by these enforcement actions. He stated, “Due process calls for those who have great power to exercise great restraint. This is the bedrock of a democratic republic founded on this great constitution.”
The lawsuit was brought by the nonprofit law firm Innovation Law Lab, highlighting the need for accountability and protection of civil liberties in immigration enforcement.
