Judge Kasubhai Blocks Oregon ICE Warrantless Arrests, Requires Escape‑Risk Warrants

Updated 2026-02-05 03:24:56+00:00 (10 articles)

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Injunction Limits Oregon ICE Arrests to Warranted Cases On February 5, U.S. District Judge Mustafa Kasubhai issued a preliminary injunction that bars immigration agents in Oregon from making arrests without a warrant unless they can demonstrate a probable risk of flight [1][2]. The order forces ICE to obtain an administrative arrest warrant from a supervisor or show probable cause before detaining individuals during enforcement sweeps. Kasubhai emphasized that the practice violated due‑process protections and described the agents’ tactics as “violent and brutal.”

Plaintiff’s Detention Highlights Due‑Process Concerns Victor Cruz Gamez, a 56‑year‑old grandfather, testified that ICE seized him in October while he was driving home and held him for three weeks in a Tacoma detention facility despite his valid work permit and pending visa application [1][2]. Gamez’s experience illustrates how warrantless arrests can trap law‑abiding immigrants in prolonged confinement. The class‑action suit uses his story to argue that the government’s sweep tactics ignore constitutional safeguards.

ICE Memo Reinforces Administrative Warrant Requirement Acting ICE head Todd Lyons circulated a memo last week directing agents to secure a supervisor‑issued administrative arrest warrant or establish probable cause that a person will flee before making an arrest [1][2]. The memo aligns agency policy with the judge’s injunction and attempts to standardize enforcement across the region. Lyons stressed that the new protocol applies to all Oregon operations unless an imminent escape risk is evident.

Parallel Injunctions Emerge in Other Jurisdictions Courts in Colorado, Washington, D.C. have issued similar preliminary orders restricting warrantless ICE arrests, and the Department of Homeland Security has appealed those decisions [1]. The growing docket of injunctions signals a coordinated legal challenge to the federal government’s nationwide sweep strategy. Officials argue the appeals will clarify the scope of administrative warrants versus constitutional rights.

Innovation Law Lab Leads Class‑Action Challenge The nonprofit law firm Innovation Law Lab filed the Oregon lawsuit, positioning it as a catalyst for systemic reform of immigration enforcement [1][2]. Executive director Stephen Manning said the case seeks to compel the government to follow the law and protect immigrants’ constitutional rights. The firm hopes the ruling will set a precedent that other states can leverage against similar practices.

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Timeline

Aug 2025 – ICE agents conduct warrantless arrests across Washington, D.C., targeting Latino residents, prompting later lawsuits; plaintiffs recount arrests on Aug 21, 2025, and elsewhere, alleging “stop‑and‑detain” without warrants. [4]

Sep 25, 2025 – Four D.C. residents and the CASA nonprofit file a class‑action lawsuit alleging systemic warrantless arrests since August 2025, claiming the government “arrests first, justifies later.” [4]

Oct 2025 – Victor Cruz Gamez, a 56‑year‑old grandfather, is arrested while driving home in Oregon; he later testifies he endures a three‑week detention despite a valid work permit, and Judge Kasubhai later calls the agents’ tactics “violent and brutal.” [1][8]

Oct 29, 2025 – ICE arrests Taeha Hwang at a Los Angeles USCIS marriage‑based green‑card interview, citing a May 20, 2024 removal order; a DHS spokesperson labels him “an illegal alien who overstayed his F‑1 visa.” [6]

Nov 24, 2025 – ICE agents burst into a San Diego green‑card interview and detain Matheus Silveira, interrupting what his wife says “seemed to be approved before the interruption,” and later grant him voluntary departure with a ten‑year re‑entry ban. [2]

Nov 27, 2025 (Thanksgiving) – ICE stops delivery driver Luis Ixchop and partner in Vancouver, WA; Ixchop is hospitalized for high blood pressure while his partner Brenda Coronado is released after status verification, noting an officer “injured her knee.” [10]

Nov 30, 2025 – ICE detains Allan Dabrio Marrero at 26 Federal Plaza in Manhattan after he misses a USCIS mail notice from Dec 2022; his family raises $15,500 via GoFundMe, arguing he has no criminal history. [5]

Dec 3, 2025 – Judge Beryl Howell issues a preliminary injunction blocking the Trump administration’s policy of warrantless civil immigration arrests in Washington, D.C., ordering agents to document probable‑cause facts before any arrest. [9]

Dec 10, 2025 – ICE detains Panamanian national Perez‑Zuazo during a routine check‑in at an ICE office in Chantilly, VA; Judge Anthony Trenga orders ICE not to remove him while the court reviews the legality of his detention. [3]

Feb 4, 2026 – New Orleans Police Department denies any legal violation after ICE arrests recruit Larry Temah, while DHS spokesperson Tricia McLaughlin declares “criminal illegal aliens have no place in our communities — especially on our police forces,” and Operation Catahoula Crunch pauses when agents shift to Minneapolis. [7]

Feb 5, 2026 – U.S. District Judge Mustafa Kasubhai grants a preliminary injunction in Oregon, requiring ICE agents to obtain an administrative arrest warrant or show a flight‑risk before any arrest; Todd Lyons’ memo reinforces the new rule, and Kasubhai reiterates that agents’ “violent and brutal” tactics violate due process. [1][8]

Mar 27, 2026 (scheduled) – A federal judge schedules a hearing on Taeha Hwang’s removal order, determining whether he can remain in the United States pending further proceedings. [6]