Judge Bars ICE Agents From Warrantless Arrests in Oregon

Ruling requires agents to show risk of escape before detaining immigrants without a warrant

Feb. 4, 2026 at 10:39pm

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A federal judge in Oregon has issued a preliminary injunction prohibiting U.S. immigration agents from making warrantless arrests unless there is a likelihood the person will escape. The ruling came in a lawsuit filed by the nonprofit Innovation Law Lab, which argued that ICE agents have been conducting "violent and brutal" arrests of immigrants without due process.

Why it matters

The decision is the latest in a series of court rulings that have pushed back against the Trump administration's aggressive immigration enforcement tactics. It highlights concerns over civil rights violations and the need to balance public safety with protecting the rights of immigrants, even those in the country illegally.

The details

The lawsuit was brought by the nonprofit Innovation Law Lab after reports that ICE agents in Oregon have been arresting people during immigration sweeps without warrants or determining if the person was likely to escape. One plaintiff, Victor Cruz Gamez, testified that he was pulled over, detained and held for three weeks in an immigration facility despite having a valid work permit and pending visa application.

  • On February 5, 2026, U.S. District Judge Mustafa Kasubhai issued the preliminary injunction.

The players

U.S. District Judge Mustafa Kasubhai

The federal judge who issued the preliminary injunction barring ICE agents in Oregon from making warrantless arrests unless there is a risk of escape.

Victor Cruz Gamez

A 56-year-old grandfather who was arrested by ICE agents in Oregon despite having a valid work permit and pending visa application. He testified about the impact the arrest had on his family.

Innovation Law Lab

The nonprofit law firm that filed the lawsuit challenging ICE's warrantless arrest practices in Oregon.

Stephen Manning

The executive director of Innovation Law Lab, who said the case is about "asking the government to follow the law."

Todd Lyons

The acting head of U.S. Immigration and Customs Enforcement, who issued a memo last week emphasizing that agents should not make arrests without a warrant unless the person is likely to escape.

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What they’re saying

“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.”

— Judge Mustafa Kasubhai, U.S. District Judge

“That is fundamentally what this case is about: asking the government to follow the law.”

— Stephen Manning, Executive Director, Innovation Law Lab

What’s next

The preliminary injunction will remain in effect while the lawsuit proceeds. The Department of Homeland Security, which was named as a defendant, has not yet commented on the ruling.

The takeaway

This ruling is the latest in a series of court decisions pushing back against the Trump administration's aggressive immigration enforcement tactics. It underscores the need to balance public safety with protecting the civil rights of immigrants, even those in the country illegally.