Judge Bars ICE from Warrantless Arrests in Oregon Without Proper Flight Risk Finding

Federal judge issues preliminary injunction restricting ICE's ability to make warrantless arrests in Oregon

Feb. 4, 2026 at 8:31pm

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A federal judge in Portland, Oregon has issued a preliminary injunction barring U.S. Immigration and Customs Enforcement (ICE) officers from making warrantless arrests without first determining that the person represents a risk of escaping or fleeing. The judge cited a pattern and practice of ICE making such arrests without the legally required individual assessment of flight risk, calling the manner of the arrests "violent and brutal."

Why it matters

The ruling joins similar restrictions on warrantless ICE arrests in Washington, D.C. and Colorado, and aims to protect immigrant communities in Oregon from the harm caused by ICE's broad enforcement tactics that the judge said "insult the due process rights" afforded by the U.S. Constitution.

The details

The judge ordered ICE to document all warrantless arrests made in Oregon, including the factors used to determine the person was likely to escape before a warrant could be obtained. The ruling came in a case filed by the nonprofit Innovation Law Lab, which argued that immigrants in Oregon are "living under a state of emergency" due to ICE's practices of "arrest first, justify later." The judge granted class-action status to the lawsuit, allowing it to represent all Oregonians at risk of warrantless ICE arrests.

  • On October 14, Victor Manuel Cruz Gomez was pulled over and arrested by ICE officers on his way home from work in Hillsboro.
  • On October 30, the lead plaintiff in the case, identified as MJMA, was riding in a van when it was stopped by ICE in Woodburn and she was detained.
  • On November 5, Juana Avila, who has a lawful permanent residency card, was arrested by ICE officers in Cottage Grove while on her way to work.

The players

Mustafa T. Kasubhai

The U.S. District Judge who issued the preliminary injunction barring ICE from making warrantless arrests in Oregon without a proper flight risk finding.

Innovation Law Lab

The nonprofit organization that filed the lawsuit seeking to restrict ICE's warrantless arrest practices in Oregon.

Victor Manuel Cruz Gomez

A 57-year-old man from Mexico who has lived in Oregon for 25 years and was arrested by ICE officers while on his way home from work.

MJMA

The lead plaintiff in the lawsuit, a 45-year-old woman who was detained by ICE while riding in a van to work.

Juana Avila

A woman with a lawful permanent residency card who was arrested by ICE officers in Cottage Grove while on her way to work.

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What they’re saying

“There can be an injury no more irreparable than the manner in which these plaintiffs have been stopped, detained, thrown to the ground and handcuffed. It's violent and brutal, what I've seen in the stops. The drawing of firearms, the civil administration process, is excessive and defies human decency.”

— Judge Mustafa T. Kasubhai, U.S. District Judge

“We went three weeks without even opening the door to the house because of the fear we were feeling. I suffer from a lot of anxiety whenever I see any officer.”

— Victor Manuel Cruz Gomez

What’s next

The judge ordered ICE to document all warrantless arrests made in Oregon and the factors used to determine the person was likely to escape before a warrant could be obtained. A hearing will be held on Tuesday to decide whether to allow Walker Reed Quinn, the man accused of vandalizing Waymo vehicles, to be released on bail.

The takeaway

This ruling aims to curb ICE's aggressive enforcement tactics in Oregon, which the judge said violate the due process rights of immigrants and those perceived as immigrants. It highlights the ongoing tensions between federal immigration authorities and local communities seeking to protect vulnerable populations from what they view as overzealous and unconstitutional practices.