Judge Restricts Warrantless Arrests by ICE Agents in Oregon

Ruling requires ICE to have probable cause of escape risk before making arrests without warrants

Feb. 5, 2026 at 3:15am

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A U.S. District Judge in Oregon has issued a preliminary injunction prohibiting U.S. Immigration and Customs Enforcement (ICE) agents from making warrantless arrests in the state unless there is a risk the person will escape. The ruling came in response to a lawsuit filed by a nonprofit law firm representing a man who was detained by ICE without a warrant despite having a valid work permit.

Why it matters

The ruling is a significant check on the authority of ICE agents to conduct arrests without proper legal justification in Oregon, which has been a sanctuary state limiting cooperation with federal immigration enforcement. It highlights the ongoing legal battles over the scope of ICE's powers and the rights of undocumented immigrants.

The details

The judge's order requires ICE agents to have probable cause to believe a person is likely to escape before making an arrest without a warrant. This is a higher standard than the agency's previous guidance, which only required agents to have administrative arrest warrants issued by a supervisor. The lawsuit was filed by the Innovation Law Lab, a nonprofit representing an individual who was detained by ICE despite having valid work authorization.

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

The players

Mustafa Kasubhai

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

Innovation Law Lab

A nonprofit law firm that filed the lawsuit on behalf of an individual detained by ICE without a warrant despite having valid work authorization.

U.S. Immigration and Customs Enforcement (ICE)

The federal agency responsible for enforcing immigration laws, whose agents were subject to the judge's order limiting their ability to make warrantless arrests in Oregon.

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What’s next

The judge's preliminary injunction will remain in effect while the lawsuit challenging ICE's warrantless arrest practices in Oregon proceeds.

The takeaway

This court ruling is a significant victory for immigrant rights advocates in Oregon, as it places new restrictions on ICE's ability to conduct arrests without proper legal justification, especially for individuals who have valid documentation to be in the country.