Federal judge blocks immigration agents from making warrantless arrests in Oregon
By Mia Maldonado, Oregon Capital Chronicle
SALEM, Ore. (KTVZ) -- A federal judge issued a ruling Wednesday blocking federal immigration agents from making warrantless arrests in Oregon, joining Washington D.C. and Colorado with similar rules in place.
The decision is based on M-J-M-A v. Wamsley, a lawsuit the Portland-based Innovation Law Lab filed late last year against federal immigration agencies on behalf of two people Immigration and Customs Enforcement agents detained in October without a warrant.
“Today, the judge ruled that ICE can’t just grab people and figure out the justification later,” said Stephen Manning, executive director at Innovation Law Lab.
Immigration arrests in Oregon peaked in late fall after federal officials launched an operation targeting geographic areas rather than individuals — operating under quotas of eight arrests per day and creating warrants after detaining people, according to Manning.
“People were just going to the grocery store, or coming home from work and they were taken away from their loved ones,” Manning said. “This is an important check on government power for everyone, not just for the people who were detained.”
U.S. District Judge Mustafa T. Kasubhai, appointed by former President Joe Biden, said the plaintiffs show a likelihood of succeeding on the merits of their claim.
“Due process calls for those who have great power to exercise great restraint,” Kasubhai said, issuing his ruling from the bench.
The suit is a class action case, meaning the plaintiffs are representing people who have been arrested or will be arrested without a warrant and without the legally required assessment of flight risk.
“ICE says they are going after criminals, but they really are targeting people on their way to work based on the color of our skin or our accent,” said plaintiff Victor Cruz Gamez.
Cruz Gamez was arrested by ICE in October on his way home from work. He has lived in the U.S. for 27 years and has lawful work authorization. The other plaintiff, M-J-M-A, is using her initials in the court documents out of privacy concerns. She is a farmworker who was on her way to work on Oct. 30 when ICE detained her without a warrant in Woodburn.
