Federal judge denies restraining order sought for 2 Bend men detained by ICE
Josue, Marco likely being taken to Tacoma, Wash., detention center
BEND, Ore. (KTVZ) -- A federal judge on Thursday denied an immigration rights law group's request for a temporary restraining order to prevent Immigration and Customs Enforcement from transporting two detainees at the center of a large protest out of the state -- because they already were.
The Innovation Law Lab said the judge denied the emergency motion request after an hour-long hearing.
“We are disappointed that before the hearing, ICE transported our clients out of the jurisdiction,” said Nadia Dahab, senior staff attorney with Innovation Law Lab.
“Although the court denied the TRO, the community was heard. Our clients cannot be deported and we will be able to make contact with them,” Dahab said.
The judge continued the hearing to Sept. 3 at 10 a.m. for additional arguments on the legality of the immigration agency’s actions, the organization added.
Bend attorney Erin Carter told NewsChannel 21 the federal judge rejected the request in the lawsuit for a restraining order because ICE agents already had taken the two men, Josue and Mark, out of state, likely to a Tacoma, Wash., detention center, making the request "basically moot."
Earlier Thursday, hundreds of people gathered at the SpringHill Suites by Marriott parking lot in southwest Bend to show support for the two men detained by ICE on two unmarked buses that were blocked by protesters for nearly 12 hours Wednesday, until Border Patrol agents moved in and took them into custody, using pepper spray and, according to some protesters, less-lethal "rubber bullets.".
A number of Central Oregon immigration leaders spoke at the parking lot news conference, including Hilda Leon with the Latino Community Association, who told NewsChannel 21, she and her partners will do whatever they can to help the two men.
"They are not my close friends, but they are members of our community,” Leon said. “We are going to stand up for them. We are going to be their voice any time and any place."
The attorneys for both men, Carter and Micaela Guthrie, said ICE detained them without showing a warrant.
According to Section 287 of the federal Immigration and Nationality Act, ICE said it does not need a judicial warrant to arrest undocumented people. But Carter said ICE is required to have its own administrative warrant for arrest to pick someone up, and none has been shared with the lawyers.
Carter and Guthrie, of Bend Immigration Group, are currently working with Innovation Law Lab in Portland on the legal actions.
“Their legal right is to have representation by an attorney in immigration court,” Carter said. “That is something they were denied all day yesterday."
A spokeswoman for ICE provided NewsChannel 21 with the following statement:
“The two individuals arrested by ice have criminal records that include convictions for assault, harassment, coercion, and criminal trespassing. they are also repeat immigration violators who were previously encountered by U.S. immigration officials and granted voluntary return to their home countries."
NewsChannel 21 has not confirmed whether the two men are facing federal charges but both men do have a criminal history in Deschutes County, including misdemeanor and assault charges.
"Whether or not somebody has this criminal history, that is not always going to subject that person to removal,” Guthrie said.
