ICE agents can't make warrantless arrests in Oregon unless there's a risk of escape, judge rules

[BumRushDaShow]

Source: CBS News/AP

Updated on: February 4, 2026 / 10:38 PM EST


Federal immigration agents in Oregon must stop arresting people without warrants unless there's a likelihood of escape, a federal judge ruled Wednesday.

U.S. District Judge Mustafa Kasubhai issued a preliminary injunction in a proposed class-action lawsuit targeting the Department of Homeland Security's practice of arresting immigrants they happen to come across while conducting ramped-up enforcement operations — which critics have described as "arrest first, justify later."

Similar actions have drawn concern from civil rights groups across the country amid President Trump's mass deportation efforts. The nonprofit law firm Innovation Law Lab brought the lawsuit.

With Wednesday's ruling, Oregon now joins Colorado and Washington, D.C., as jurisdictions where the Trump administration is barred from conducting warrantless arrests without first verifying that the arrestee is a flight risk. There is also a pending lawsuit over warrantless arrests in Minnesota. The government is appealing the rulings in Colorado and D.C.

Read more: https://www.cbsnews.com/news/ice-agents-cant-make-warrantless-arrests-in-oregon-unless-theres-a-risk-of-escape-us-judge-rules/

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Link to ORDER (PDF) - https://storage.courtlistener.com/recap/gov.uscourts.ord.190035/gov.uscourts.ord.190035.80.0.pdf

RELATED - https://www.democraticunderground.com/10143610982

[flvegan]

1. Bravo! Now, entertain me here for a moment. So what if, in spite of this ruling, ICE

makes warrantless arrests in Oregon even without a risk of escape...who will enforce this and what are the consequences?

Serious question. Because that word "can't" gets thrown around an awful lot, and I don't think it still means what a lot of folks think it means, at least in this context.

[BumRushDaShow]

2. There was a recent pile of immigration cases with multiple violations of court orders

and a Shrub-appointed judge roared loudly and the issue was taken care of. More are on his plate.

Meanwhile contempt investigations related to the CECOT fiasco, continue in the D.C. District. with Chief Judge Boasberg.

[orangecrush]

3. Now every arrest is an escape attempt

Just like they use "resisting"

[travelingthrulife]

5. These judges just seem not too bright.

It is so obvious what ICE will do in response to this and the situation on the ground will not change.

[William Seger]

6. Exactly -- it actually legalizes warrantless arrests (nt)

[travelingthrulife]

4. If you give them an opening like that they are going to abuse it.

Now everyone will be a flight risk to the Cowards of ICE.

why can't these judges just say "no".

[bluestarone]

7. Seems like there is always a LOOPHOLE word in judges orders.

WTF?

[William Seger]

8. Does this judge know what "presumption of innocence" means?

If you think there's a "risk of escape," you must be assuming guilt.

[in2herbs]

9. Why didn't the courts rule in this way at the beginning of ICE occupation??? nt

[Bayard]

10. They're all domestic terrorists trying to escape ICE's righteous justice

[maxsolomon]

11. Flight risk to...

Mexico? Canada?

Don't they WANT immigrants to flee the country?