Federal Judge Bars Warrantless Immigration Detentions in Oregon
The ruling was issued Wednesday by US District Judge Mustafa Kasubhai in response to a proposed class-action lawsuit challenging the Department of Homeland Security’s use of warrantless arrests during stepped-up immigration operations, according to reports. The legal challenge was filed by a nonprofit organization.
As a result of the decision, Oregon becomes the third jurisdiction—following Colorado and Washington, DC—where the current administration is prohibited from conducting immigration arrests without warrants unless officers first determine that a person presents a flight risk.
Reports indicate that a similar case is pending in Minnesota, while federal authorities are seeking to overturn earlier rulings in Colorado and Washington.
During court hearings, testimony indicated that immigration agents in Oregon routinely detained people without warrants and failed to assess whether they were likely to flee, despite internal guidance from Immigration and Customs Enforcement requiring such evaluations.
One individual involved in the case told the court that he was held for three weeks even though he had a valid work permit and an active visa application, according to reports. Another witness described armed agents entering a bedroom during a raid while searching for someone who did not live at the residence.
In his decision, Kasubhai said there was “ample evidence” showing a pattern of warrantless arrests and sharply criticized what he described as “violent and brutal” conduct, warning that such practices erode constitutional protections and due process rights.
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