Federal Judge Limits ICE Warrantless Arrests in Oregon

Ruling requires ICE agents to show likelihood of escape before making arrests without warrants

Feb. 5, 2026 at 12:55am

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A federal judge in Oregon has issued a preliminary injunction prohibiting U.S. immigration agents from arresting people without warrants unless there is a likelihood the person will escape. The ruling comes in a lawsuit challenging the Department of Homeland Security's practice of conducting immigration sweeps and making arrests without proper legal justification.

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, which have drawn criticism from civil rights groups. It highlights the ongoing legal battles over the limits of federal immigration agents' authority, especially in sanctuary states and cities that have resisted cooperating with federal deportation efforts.

The details

U.S. District Judge Mustafa Kasubhai ruled that ICE agents in Oregon must stop arresting people without warrants unless there is a likelihood the person will escape before a warrant can be obtained. The judge heard testimony from a plaintiff, Victor Cruz Gamez, who was arrested and detained for three weeks despite having a valid work permit and pending visa application. Kasubhai expressed concern about the "violent and brutal" tactics used by ICE agents, saying they were denying due process to those swept up in immigration raids.

  • On February 5, 2026, the federal judge issued the preliminary injunction.
  • In October, Victor Cruz Gamez was arrested by ICE agents while driving home from work.

The players

Mustafa Kasubhai

A U.S. District Judge who issued the preliminary injunction limiting ICE's ability to make warrantless arrests in Oregon.

Victor Cruz Gamez

A 56-year-old grandfather who was arrested by ICE agents in October despite having a valid work permit and pending visa application. He was detained for three weeks before being released.

Department of Homeland Security

The federal agency that oversees U.S. Immigration and Customs Enforcement (ICE), which was named as a defendant in the lawsuit.

Innovation Law Lab

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

Stephen Manning

The executive director of Innovation Law Lab, who said the case will be a "catalyst for change" in Oregon.

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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.”

— 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 has not yet indicated whether it will appeal the ruling.

The takeaway

This court decision is the latest in a series of legal challenges to the Trump administration's aggressive immigration enforcement tactics. It underscores the ongoing battles over the limits of federal agents' authority, especially in states and cities that have resisted cooperating with deportation efforts.