U.S. District Judge Mustafa Kasubhai issued a preliminary injunction prohibiting U.S. Immigration and Customs Enforcement (ICE) agents from making warrantless arrests in Oregon unless there is a risk of escape. Oregon joins Colorado and Washington, D.C. in banning the practice.
The ruling did have one exception: ICE agents can still arrest individuals they believe are in the country illegally and are flight risks. A recent memo from Todd Lyons, the acting head of U.S. Immigration and Customs Enforcement, expanded how agents can interpret “flight risk,” but still encouraged them to secure a warrant before arresting an individual.
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Kasubhai granted class-action status to the Oregon lawsuit, filed by Innovation Law Lab on behalf of Cruz Gomez and M-J-M-A-, allowing them to represent all Oregonians at risk of warrantless arrest by ICE without an assessment of flight risk.
“Today, the judge ruled that ICE can’t just grab people and figure out the justification later,” Stephen Manning, executive director at Innovation Law Lab, said.
