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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.

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Jordan Williams

Jordan Williams is a multimedia journalist for NewsChannel 21. Learn more about Jordan here.



  1. “The two individuals arrested by ice have criminal records that include convictions for assault, harassment, coercion, and criminal trespassing.“
    I guess they were not just nice family men after all. Go figure. You mean ICE actually had investigated these two and their pasts before sending in agents to detain them. Go figure. I know a few ICE agents and they are some of the brightest people I know. They get their homework right way more then they get it wrong. Their goal is to keep communities safe and carry out federal law and that is exactly what they are doing. The “thugs” that were screaming in their faces last night need to rethink who they are really protecting.

    1. Maybe Mr Hummel or Gov Brownstain can put them up in their houses until all these clearly false accusations and misunderstandings are cleared up.

      1. Where are the mug shots and the names of their employers who harbored these fugitives ? Their businesses should be closed immediately until an investigation by OSHA clears their facilities of any drugs- weapons- kidnapped victims etcetera.

        Complete failure by the city and state agencies (DA-Mayor-Governor) to protect the citizens !

        My how quickly you all forget… Like this could never happen in Bend Oregon- delusional idiots.

      1. ICE agents are regular people. They are not gestapo, stormtroopers etc. They are your neighbors believe it or not, they just happen to work for the federal government protecting this great country and it’s citizens. The agents in Bend the other night were members of teams from Oregon and California.

  2. Do you think ICE did all this for two people? How are these clowns paying rent and supporting themselves? All they do is throw tantrums and clutch their phones. Day after day.

  3. Look at all the little brains mobilized by Luke Richter. This guy is always right there in the middle of everything irritating. I wonder if Hummel has him on speed dial; kind of giving Luke a heads up?

  4. Huge “B” slap to Hummel- Sally Russel- and Kate Brown… who should all resign in disgrace !

    Those three jerks were given the option to support law enforcement- or criminal activity- and all three chose to back the criminals !

    Clear and blatant dereliction of duty to protect the citizens of their City and State !

    Sane Oregonians “MUST” speak out- remove all three today- start the recalls- and send em packing along with these detainees- the Feds have spoken- Thank You President Trump !!!

    1. Couldn’t agree more with barney, but it seems we are the minority.
      Is it ignorance or stupidity that does not allow people to see exactly what this is.
      Immigration laws have nothing to do with racism, period, but the current barometer of people’s mindset is racism is the cause of everything.

  5. Its really sad and gross when Bend community members and various groups build these criminals up as fellow community members. I guess this is the new norm from the left. Only white people can be guilty of crimes. If you are not white, the crime someone commits is because they were subjected to some form of whiteness and are therefore innocent of any crime, including rape, murder, fill in the blank. If this isn’t true….great, explain yourselves so people like me can understand why you stand up to some criminals but not other criminals. And don’t pander to me on how they are NOT criminals because if I committed assault I’d be convicted of a crime and right fully so.

    1. I think they should do the same for everyone housed in the Deschutes County jail and for everyone that has a warrant out for their arrest currently Take them all home with them and feed them. After all, these are fellow community members!
      Are they racists to only try protecting 2 people instead of everyone that has a warrant out for their arrest?
      Lets just get rid of all law enforcement people here in Bend. Bring busloads into town and let them be free! Snowflakes.

  6. This decision suggests that Bend Pd did not uphold the law because they did not remove the protestors – kind of the opposite of what the new chief said….

    1. You got that right it should have been the job of police chief Kruntz to get these miscreants and malcontents off the streets of Bend. If only our city leaders including the new police chief were doing their jobs instead of pandering to the underwhelming minority of misfits protesting in Bend they might get the respect of the majority of Bend residents that want law and order.

  7. Each and every, so called, undocumented immigrant, is subject to removal. If they have a criminal history then they should undoubtedly be removed. If they are here in this country by other means than legal means then they need to be removed. There are legal ports of entry to our country. People can not just walk across the border and declare their home here.One cannot just stake a claim on citizenship in this country. Like I have asked before, if their first act upon entering this country it to break the law, what will their second act be?

    1. An important part of the rule of law calls is that attorneys zealously advocate for their clients. Threatening retribution for losing (at a preliminary stage, nonetheless) tells me you’re not quite up to speed on the topic.

  8. Good job, “PeaceCreeper” Luke Richter and junior peacecreepers!
    Your abysmal lack of concern for the safety of others in the community along with your equally squalid knowledge of law enforcement in general, and federal law enforcement in specific, is now coming to light.
    First, the federal law enforcement warrant system is unique in that it is standardized across all federal law enforcement agencies and the U.S. Department of Justice. State warrant systems vary state by state but not the “feds”.
    That said, once a federal magistrate signs a federal warrant it goes into the system; the responsible enforcement agency contacts an apprehension agent or team and the suspect or suspects are arrested and then transported for processing as described in this article.
    Here is the kicker. A federal warrant does not need to be, and most often is not, “in hand”. Meaning the ICE arrest team, the “peacecreepers” obstructed in Bend,as likely as not did not even have “the warrant” for Richter, or Bend’s mayor, and certainly not the pathetic DA Hummel, to “see”.
    Even if they did there is no legal responsibility for said warrant or warrants to be shown to them at all. Welcome to the real world.
    In other words – an incredible hubris on the part of layman Luke Richter that he can “insist”, “demand”, and otherwise act like a spoiled child – could have resulted in the injury or worse of those who answered the “peacecreeper” call. As bad is the charges NOW coming to light – per federal protocol, processes, and procedure in the federal court system – both men have criminal histories including domestic violence. DOMESTIC VIOLENCE.
    Richter & Company as well as the well-intentioned citizens who became involved were “protecting” men who have and / or are alleged to have physically abused family members or their spouses.
    And the mayor, certain city council members, and DA Hummel compromised their responsibilities in all of this, too.
    Proving once again you cannot fix Stupid.

    1. Then we have a wolf in sheep’s clothing with clergy collar leading the sheeple protestors astray by standing up for two law breakers, who have criminal records, that include “convictions for assault, harassment, coercion, and criminal trespassing,” while condemning Ice for doing their legal job to protect the citizens of Bend. Jesus said that there would come a time when good would be seen as evil and evil as good. Beware of false prophets. To this misguided female rev. I say. ” Matthew 7:15-20 “Beware of false prophets, who come to you in sheep’s clothing but inwardly are ravenous wolves. You will recognize them by their fruits. Are grapes gathered from thorn bushes, or figs from thistles? So, every healthy tree bears good fruit, but the diseased tree bears bad fruit. A healthy tree cannot bear bad fruit, nor can a diseased tree bear good fruit. Every tree that does not bear good fruit is cut down and thrown into the fire. … This reverend needs to stop emulating secular trends and really get back to Jesus.

      I wonder how many illegals are in Bend, who have been left alone, because outside of being illegal, they are in every other way tax paying, law abiding citizens. Instead of this reverend, lawyers and protestors defending criminals, why do you not put your efforts into helping those illegals become citizens legally!?

  9. I hope you all are planning to protest and hire me an attorney if I ever break the law. Oh wait, I am not a minority, so no one will care. I guess I had better just continue to work hard, support myself and my family and continue to be law abiding! (My property is private, I won’t call Bend City Police if you decide to protest here.)

  10. I have watched Sally over the years, and I think she has grown in her role as a leader of our community. I ask any one of you who have commented on her handling of the situation to ask yourselves how you could or would have handled it differently. Be sure to look at her actual responses, rather than what you read second-hand before judging her. In reading over these comments, I wonder how many commenting understand Bend politics on a level required to have a complete, or even adequate, understanding allowing worthwhile judgment or opinion. I’ve noticed a lot of negativity; yet, I have been constantly disappointed in the reluctance of the “old” Bend community to be involved in their local government. So much of this could have been avoided had more of our traditional community paid attention to the happenings at a local level. Please get involved. We need you.

    1. Easy, if you do the crime you do the time, illegally here or not. I would have facilitated in every way, to allow Ice to do their job, and certainly not pander and kiss the arse of the misguided protestors.

    2. I agree with you telluride, especially about the locals getting involved,not the transplants, but the native locals, but is what I think has happened is the growth has overcome this town to the point that the real locals were outnumbered so much so that their voice will never be heard here again, which is beyond sad.

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