Federal Judge Restricts ICE Warrantless Arrests in Oregon

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

Feb. 5, 2026 at 1:15am

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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 of the person escaping. The ruling comes in a lawsuit brought by the nonprofit Innovation Law Lab over ICE's practice of conducting sweeps and making arrests without proper justification.

Why it matters

The decision is a victory for civil rights groups who have raised concerns about aggressive immigration enforcement tactics under the Trump administration, including agents entering private property and detaining individuals without proper legal authority. The ruling aims to uphold due process protections and prevent unlawful arrests.

The details

U.S. District Judge Mustafa Kasubhai issued the preliminary injunction, finding evidence that ICE agents in Oregon have arrested people in immigration sweeps without warrants or determining the person was likely to escape. This included the case of plaintiff Victor Cruz Gamez, a 56-year-old grandfather who was arrested and detained for 3 weeks despite having a valid work permit and pending visa application. The judge described the agents' actions as "violent and brutal" and said they were denying due process.

  • The preliminary injunction was issued on February 5, 2026.

The players

Mustafa Kasubhai

A U.S. District Judge who issued the preliminary injunction restricting warrantless ICE arrests in Oregon.

Victor Cruz Gamez

A 56-year-old grandfather who was arrested and detained by ICE for 3 weeks despite having a valid work permit and pending visa application.

Innovation Law Lab

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

Todd Lyons

The acting head of U.S. Immigration and Customs Enforcement, who issued a memo emphasizing that agents should not make arrests without warrants unless there is probable cause 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.”

— Mustafa Kasubhai, U.S. District Judge

What’s next

The judge's preliminary injunction will remain in effect as the lawsuit against ICE's warrantless arrest practices in Oregon continues to be litigated.

The takeaway

This ruling is an important check on the aggressive immigration enforcement tactics used by the Trump administration, upholding constitutional protections against unlawful arrests and detentions. It serves as a reminder that the government's power must be balanced against the civil liberties of all individuals, regardless of immigration status.