PORTLAND, Ore. (AP) — A federal judge has ruled that U.S. immigration agents in Oregon can no longer arrest individuals without a warrant unless there is a clear risk of escape. This ruling comes from U.S. District Judge Mustafa Kasubhai, who issued a preliminary injunction in response to a class-action lawsuit against the Department of Homeland Security's practices.
Critics of these practices have decried them as 'arrest first, justify later.' The court heard evidence that immigration agents in Oregon had been making arrests during enforcement operations without proper warrants and without establishing whether individuals posed an escape risk.
In a recent memo, Todd Lyons, the acting head of U.S. Immigration and Customs Enforcement (ICE), reiterated that agents must have an administrative arrest warrant issued by a supervisor unless they have probable cause regarding a person's likelihood to flee.
Victims of these operations, such as Victor Cruz Gamez, a 56-year-old grandfather who has lived in the U.S. since 1999, testified about being unjustly detained for three weeks despite holding a valid work permit and pending visa application.
Judge Kasubhai condemned the violent and aggressive tactics employed by agents in Oregon, including instances of drawing firearms during arrests for civil immigration violations. He voiced concern over the potential denial of due process in these operations, stating, '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.'
The case was brought forth by the nonprofit law firm Innovation Law Lab, highlighting ongoing civil rights issues surrounding aggressive immigration enforcement in the United States.
Critics of these practices have decried them as 'arrest first, justify later.' The court heard evidence that immigration agents in Oregon had been making arrests during enforcement operations without proper warrants and without establishing whether individuals posed an escape risk.
In a recent memo, Todd Lyons, the acting head of U.S. Immigration and Customs Enforcement (ICE), reiterated that agents must have an administrative arrest warrant issued by a supervisor unless they have probable cause regarding a person's likelihood to flee.
Victims of these operations, such as Victor Cruz Gamez, a 56-year-old grandfather who has lived in the U.S. since 1999, testified about being unjustly detained for three weeks despite holding a valid work permit and pending visa application.
Judge Kasubhai condemned the violent and aggressive tactics employed by agents in Oregon, including instances of drawing firearms during arrests for civil immigration violations. He voiced concern over the potential denial of due process in these operations, stating, '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.'
The case was brought forth by the nonprofit law firm Innovation Law Lab, highlighting ongoing civil rights issues surrounding aggressive immigration enforcement in the United States.
