PORTLAND, Ore. (AP) — U.S. immigration agents in Oregon must stop arresting people without warrants unless there’s a likelihood of escape, a federal judge ruled Wednesday. U.S. District Judge Mustafa Kasubhai issued a preliminary injunction in a proposed class-action lawsuit targeting the Department of Homeland Security’s practice of arresting immigrants they encounter during enforcement operations — a method criticized as 'arrest first, justify later.' The ruling arrives amidst heightened scrutiny of immigration enforcement practices, especially those enacted under the previous Trump administration, which faced backlash over mass deportation efforts.
Last week, Todd Lyons, acting head of U.S. Immigration and Customs Enforcement (ICE), issued a memo asserting that agents must have an administrative arrest warrant or establish probable cause indicating that a person is likely to escape before making an arrest. However, evidence presented in court revealed instances where agents conducted arrests without such warrants or probable cause.
Testimonies included that from plaintiff Victor Cruz Gamez, a grandfather who has lived in the U.S. since 1999, who described being arrested and detained for three weeks, despite possessing a valid work permit and a pending visa application. Judge Kasubhai expressed grave concern regarding the aggressive tactics used by immigration agents in Oregon, labeling them as 'violent and brutal.' He stated that these actions are undermining the due process rights of those affected by immigration raids.
'Due process calls for those who have great power to exercise great restraint,' Kasubhai asserted, emphasizing the crucial nature of due process in a democratic society. The nonprofit law firm Innovation Law Lab is representing the plaintiffs in this significant legal battle.
Last week, Todd Lyons, acting head of U.S. Immigration and Customs Enforcement (ICE), issued a memo asserting that agents must have an administrative arrest warrant or establish probable cause indicating that a person is likely to escape before making an arrest. However, evidence presented in court revealed instances where agents conducted arrests without such warrants or probable cause.
Testimonies included that from plaintiff Victor Cruz Gamez, a grandfather who has lived in the U.S. since 1999, who described being arrested and detained for three weeks, despite possessing a valid work permit and a pending visa application. Judge Kasubhai expressed grave concern regarding the aggressive tactics used by immigration agents in Oregon, labeling them as 'violent and brutal.' He stated that these actions are undermining the due process rights of those affected by immigration raids.
'Due process calls for those who have great power to exercise great restraint,' Kasubhai asserted, emphasizing the crucial nature of due process in a democratic society. The nonprofit law firm Innovation Law Lab is representing the plaintiffs in this significant legal battle.
