A judge has ruled that Immigration and Customs Enforcement (ICE) agents in Oregon are no longer permitted to conduct random arrests during raids.
Federal agents have faced global scrutiny in recent months, particularly following the fatal shootings of two individuals by officers in Minneapolis, Minnesota.
Last month, ICU nurse Alex Pretti and mother Renee Nicole Good were both killed in separate incidents.
Pretti was shot while protesting against ICE, and Renee was fatally shot while in her car after dropping off her child at school.
These incidents occurred amid heightened ICE activity under President Donald Trump, who had pledged to intensify immigration enforcement upon his return to office.
On February 4, Oregon District Judge Mustafa Kasubhai implemented a temporary injunction, directing ICE agents to cease arresting individuals without warrants unless there is a high likelihood of the person escaping, as reported by the Associated Press.
This decision was the result of a proposed class-action lawsuit filed by the nonprofit law firm Innovation Law Lab against the Department of Homeland Security (DHS).
ICE policy dictates that agents should only make arrests without a warrant if there is probable cause and the individual is likely to elude capture before a warrant can be secured.
However, testimony in Oregon suggested that this protocol was not being consistently followed, with officers allegedly bypassing standard procedures.
The situation coincides with more than 1,000 daily arrests by ICE officers in states that fully cooperate with the Trump administration, as documented by the Prison Policy Initiative and data processed by the Deportation Data Project along with government records.
Almost half (48 percent) of these arrests were made at local jails and other detention facilities.
Judge Kasubhai described the conduct of agents in Oregon as ‘violent and brutal’ and expressed concern about the denial of due process for those caught in immigration raids.
“Due process calls for those who have great power to exercise great restraint,” he stated. “That is the bedrock of a democratic republic founded on this great constitution. I think we’re losing that.”
Victor Cruz Gamez, a 56-year-old grandfather who has resided in the US since 1999, testified that he was apprehended by immigration agents during a routine traffic stop, despite having a valid work permit and a pending visa application.
He alleged that he was detained for three weeks and almost deported until a lawyer succeeded in securing his release.
Stephen Manning, the executive director of Innovation Law Lab, expressed optimism that the case would act as a ‘catalyst for change here in Oregon’.
“That is fundamentally what this case is about: asking the government to follow the law,” he stated during the court proceedings.
Similar judicial decisions regarding arrests have occurred in Colorado and Washington, D.C., although they are currently being challenged by the federal government.
The Department of Homeland Security has been contacted for comment.