PORTLAND, Oregon: US immigration agents in Oregon must stop arresting people without warrants unless there’s a likelihood of escape, a federal judge ruled Wednesday.
US District Judge Mustafa Kasubhai issued a preliminary injunction in a proposed class-action lawsuit targeting the Department of Homeland Security’s practice of arresting immigrants they happen to come across while conducting ramped-up enforcement operations — which critics have described as “arrest first, justify later.”
The department, which is named as a defendant in the suit, did not immediately comment in response to a request from The Associated Press.
Similar actions, including immigration agents entering private property without a warrant issued by a court, have drawn concern from civil rights groups across the country amid President Donald Trump’s mass deportation efforts.
Courts in Colorado and Washington, D.C., have issued rulings like Kasubhai’s, and the government has appealed them.
In a memo last week, Todd Lyons, the acting head of US Immigration and Customs Enforcement, emphasized that agents should not make an arrest without an administrative arrest warrant issued by a supervisor unless they develop probable cause to believe that the person is in the US illegally and likely to escape from the scene before a warrant can be obtained.
But the judge heard evidence that agents in Oregon have arrested people in immigration sweeps without such warrants or determining escape was likely.
The daylong hearing included testimony from one plaintiff, Victor Cruz Gamez, a 56-year-old grandfather who has been in the US since 1999. He told the court he was arrested and held in an immigration detention facility for three weeks even though he has a valid work permit and a pending visa application.
Cruz Gamez testified that he was driving home from work in October when he was pulled over by immigration agents. Despite showing his driver’s license and work permit, he was detained and taken to the ICE building in Portland before being sent to an immigration detention center in Tacoma, Washington. After three weeks there, he was set to be deported until a lawyer secured his release, he said.
He teared up as he recounted how the arrest impacted his family, especially his wife. Once he was home they did not open the door for three weeks out of fear and one of his grandchildren did not want to go to school, he said through a Spanish interpreter.
Afterward a lawyer for the federal government told Cruz Gamez he was sorry about what he went through and the effect it had on them.
Kasubhai said the actions of agents in Oregon — including drawing guns on people while detaining them for civil immigration violations — have been “violent and brutal,” and he was concerned about the administration denying due process to those swept up in immigration raids.
“Due process calls for those who have great power to exercise great restraint,” he said. “That is the bedrock of a democratic republic founded on this great constitution. I think we’re losing that.”
The lawsuit was brought by the nonprofit law firm Innovation Law Lab, whose executive director, Stephen Manning, said he was confident the case will be a “catalyst for change here in Oregon.”
“That is fundamentally what this case is about: asking the government to follow the law,” he said during the hearing.
The preliminary injunction will remain in effect while the lawsuit proceeds.
ICE agents can’t make warrantless arrests in Oregon unless there’s a risk of escape, US judge rules
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ICE agents can’t make warrantless arrests in Oregon unless there’s a risk of escape, US judge rules
- US District Judge Mustafa Kasubhai issued a preliminary injunction in a proposed class-action lawsuit
- Case targets Department of Homeland Security’s practice of arresting immigrants they happen to come across
Lies, horror, trauma: Kenyans recount forced Russian recruitment
NAIROBI: The scars on Victor’s forearm remind him constantly of the day a Ukrainian drone attacked him after he was forcibly conscripted, like hundreds of young Kenyans, into the Russian army.
It was a war that had nothing to do with him and which he was exceptionally lucky to survive.
Four Kenyans — Victor, Mark, Erik and Moses — recounted to AFP the web of deception that took them to the killing fields of Ukraine. Their names have been changed for fear of reprisals.
It began with promises of well-paid jobs in Russia from a Nairobi recruitment agency.
Victor, 28, was supposed to be a salesman.
Mark, 32, and Moses, 27, were told they would be security guards.
Erik, 37, thought he had a ticket to high-end sports.
They were all to be paid between $1,000 and $3,000 a month — a fortune in Kenya, where jobs are scarce and the government encourages emigration to boost remittances.
Victor, Mark, Erik and Moses were included in WhatsApp groups where fellow Kenyans reassured them in Swahili that they were heading for good salaries and exciting new lives.
Instead, Victor’s first day was in an abandoned house three hours outside Saint Petersburg.
The next day, he was taken to a Russian military base, where soldiers presented him with a contract in Russian that he could not read.
“They told us: ‘If you don’t sign, you’re dead,’” Victor told AFP, showing his Russian military service record and combat medallion.
- ‘Exciting opportunities’ -
Victor would later meet some of the Kenyans from the WhatsApp group in a military hospital.
“Some had no legs. Some were missing an arm... They told me they were threatened with death if they wrote a negative message on the group,” he said.
Mark said new recruits were offered the chance to pay their way home for around $4,000 — an impossible sum.
“We had no option but signing the contract,” he said.
Erik’s first day was training with a basketball team and he signed a contract he believed would land him with a professional club.
He did not know it was actually a military contract.
The next day he was in an army camp.
Mark and Moses say they were paid very little for their year of service. Victor and Erik say they received nothing.
The four men left for Russia through a Kenyan recruitment agency, Global Face Human Resources, which boasts on its website: “Let our HR wizards connect you to exciting opportunities.”
AFP was unable to speak to the agency, which has relocated several times within the Kenyan capital, Nairobi, in recent months.
One of its employees, Edward Gituku, is being prosecuted for “human trafficking” after a police raid in September on an apartment he rented on the outskirts of the city.
Twenty-one young men, who were about to fly to Russia, were rescued in the raid.
Gituku, released on bail, denies the charges, his lawyer Alex Kubu told AFP.
- Clinics -
Victor, Mark, Erik and Moses all say they met Gituku and that he was a key player in the scam.
Erik and Moses even say Gituku drove them to Nairobi airport.
Gituku’s previous lawyer, Dunston Omari, told Citizen TV in September that Global Face Human Resources had sent “more than 1,000 people” to Russia but all were former Kenyan soldiers who had “voluntarily” joined the Russian army.
Around that time, Mikhail Lyapin, a Russian citizen implicated in the case, was expelled from Kenya “to stand trial in Russia” at the request of the Russian authorities, Kenyan Foreign Secretary Abraham Korir Sing’Oei told AFP.
The Russian embassy in Kenya stated in a press release that Lyapin had left Kenya voluntarily and had “never been an employee of Russian governmental bodies.” It did not respond to questions from AFP.
In December, Kenyan authorities said around 200 citizens had been sent to fight in Ukraine, with 23 since repatriated.
This is an underestimate, said the four recruits who spoke to AFP.
Potential migrants to Russia had to undergo a medical examination before leaving. Just one of multiple Nairobi clinics that carried them out told AFP they saw 157 in little over one month last year.
“The majority were former Kenyan soldiers” who knew what awaited them in Russia, said a worker at the clinic.
There have been reports of genuine Kenyan mercenaries fighting for Russia in Ukraine, but Mark and Erik, who were examined at the clinic, said they were never informed of their future military service.
- ‘Cannon fodder’ -
Victor and Moses went through another Nairobi clinic, Universal Trends Medical and Diagnostic Center, which declined to tell AFP the number of individuals referred by Global Face Human Resources.
AFP was able to identify two other recruitment agencies sending Kenyans to Russia but was unable to contact them.
The founder of Global Face Human Resources, Festus Omwamba, visited the Russian embassy in neighboring Uganda several times last year, a source close to the embassy told AFP.
Omwamba blocked calls from AFP.
In the early days of its invasion of Ukraine, Russia was accused of using people from its own ethnic minorities as expendable forces: Chechens, Dagestanis and others.
Its tactic was to throw vast numbers at Ukrainian defenses in a bid to overwhelm them.
But the human cost has been huge. Western intelligence services say Russia has suffered more than 1.2 million casualties, twice as many as Ukraine.
That has pushed Moscow to seek recruits further afield.
Ukraine’s ambassador to Kenya, Yurii Tokar, said Russia first targeted former Soviet republics in Central Asia, then India and Nepal, before turning to Africa.
The four returnees interviewed by AFP said they encountered dozens of Africans in training camps and battlefields, including from Nigeria, Cameroon, Egypt and South Africa.
Russia exploits the “economic desperation” of young Africans, said Tokar.
“They are looking for people for cannon fodder everywhere it is possible,” he said.
- Frontline horrors -
Victor recounted apocalyptic scenes at the front near Vovchansk in the Kharkiv region.
“We had to cross two rivers, with many dead bodies floating. Then there was a big field, which was covered with hundreds of bodies. We had to run to cross it. With drones everywhere,” he said.
“The commander told you: ‘Don’t try to escape or we shoot you,’” he said.
Of the 27 in his unit, two made it across the field.
Victor survived by hiding under a corpse but was hit in the right forearm by drone fire.
After two more weeks of missions, during which he was unable to carry his weapon and maggots were crawling in his wound, he was allowed to receive treatment behind the lines.
A few weeks later, despite the heavy losses already suffered, the Russian army sent Erik to the same location without changing its strategy.
Of the 24 men in his operation, only three made it across the field — a Pakistani who ended up with “both legs broken,” a Russian with “his stomach ripped open,” and Erik.
Miraculously escaping this ordeal unscathed, the 37-year-old said he was then hit in the arm and leg by drones.
- ‘Destroyed my life’ -
Mark’s shoulder is covered in scars from a grenade launched by a Ukrainian drone while he was heading to the front in September. He doesn’t know where he was.
All three eventually found themselves in a Moscow hospital and escaped to the Kenyan embassy, which helped them return home.
Moses managed to escape his unit in December and make contact with Kenyan officials.
Though physically unscathed, he is as traumatized as the others. A flying bird is enough to trigger his anxiety now, he said.
They know many Kenyan families are dealing with worse.
Grace Gathoni, now a single mother of four, learnt in November that her husband, Martin, who had planned to become a driver in Russia, died in combat.
Moscow has “destroyed my life,” she told AFP through tears.
Charles Ojiambo Mutoka, 72, learnt in January that his son, Oscar, was killed in August. His remains rest in Rostov-on-Don.
The Russian authorities “should be ashamed,” he said, angrily.
“We only fight our own wars and we never bring Russians to fight for us... so why take our people?“
It was a war that had nothing to do with him and which he was exceptionally lucky to survive.
Four Kenyans — Victor, Mark, Erik and Moses — recounted to AFP the web of deception that took them to the killing fields of Ukraine. Their names have been changed for fear of reprisals.
It began with promises of well-paid jobs in Russia from a Nairobi recruitment agency.
Victor, 28, was supposed to be a salesman.
Mark, 32, and Moses, 27, were told they would be security guards.
Erik, 37, thought he had a ticket to high-end sports.
They were all to be paid between $1,000 and $3,000 a month — a fortune in Kenya, where jobs are scarce and the government encourages emigration to boost remittances.
Victor, Mark, Erik and Moses were included in WhatsApp groups where fellow Kenyans reassured them in Swahili that they were heading for good salaries and exciting new lives.
Instead, Victor’s first day was in an abandoned house three hours outside Saint Petersburg.
The next day, he was taken to a Russian military base, where soldiers presented him with a contract in Russian that he could not read.
“They told us: ‘If you don’t sign, you’re dead,’” Victor told AFP, showing his Russian military service record and combat medallion.
- ‘Exciting opportunities’ -
Victor would later meet some of the Kenyans from the WhatsApp group in a military hospital.
“Some had no legs. Some were missing an arm... They told me they were threatened with death if they wrote a negative message on the group,” he said.
Mark said new recruits were offered the chance to pay their way home for around $4,000 — an impossible sum.
“We had no option but signing the contract,” he said.
Erik’s first day was training with a basketball team and he signed a contract he believed would land him with a professional club.
He did not know it was actually a military contract.
The next day he was in an army camp.
Mark and Moses say they were paid very little for their year of service. Victor and Erik say they received nothing.
The four men left for Russia through a Kenyan recruitment agency, Global Face Human Resources, which boasts on its website: “Let our HR wizards connect you to exciting opportunities.”
AFP was unable to speak to the agency, which has relocated several times within the Kenyan capital, Nairobi, in recent months.
One of its employees, Edward Gituku, is being prosecuted for “human trafficking” after a police raid in September on an apartment he rented on the outskirts of the city.
Twenty-one young men, who were about to fly to Russia, were rescued in the raid.
Gituku, released on bail, denies the charges, his lawyer Alex Kubu told AFP.
- Clinics -
Victor, Mark, Erik and Moses all say they met Gituku and that he was a key player in the scam.
Erik and Moses even say Gituku drove them to Nairobi airport.
Gituku’s previous lawyer, Dunston Omari, told Citizen TV in September that Global Face Human Resources had sent “more than 1,000 people” to Russia but all were former Kenyan soldiers who had “voluntarily” joined the Russian army.
Around that time, Mikhail Lyapin, a Russian citizen implicated in the case, was expelled from Kenya “to stand trial in Russia” at the request of the Russian authorities, Kenyan Foreign Secretary Abraham Korir Sing’Oei told AFP.
The Russian embassy in Kenya stated in a press release that Lyapin had left Kenya voluntarily and had “never been an employee of Russian governmental bodies.” It did not respond to questions from AFP.
In December, Kenyan authorities said around 200 citizens had been sent to fight in Ukraine, with 23 since repatriated.
This is an underestimate, said the four recruits who spoke to AFP.
Potential migrants to Russia had to undergo a medical examination before leaving. Just one of multiple Nairobi clinics that carried them out told AFP they saw 157 in little over one month last year.
“The majority were former Kenyan soldiers” who knew what awaited them in Russia, said a worker at the clinic.
There have been reports of genuine Kenyan mercenaries fighting for Russia in Ukraine, but Mark and Erik, who were examined at the clinic, said they were never informed of their future military service.
- ‘Cannon fodder’ -
Victor and Moses went through another Nairobi clinic, Universal Trends Medical and Diagnostic Center, which declined to tell AFP the number of individuals referred by Global Face Human Resources.
AFP was able to identify two other recruitment agencies sending Kenyans to Russia but was unable to contact them.
The founder of Global Face Human Resources, Festus Omwamba, visited the Russian embassy in neighboring Uganda several times last year, a source close to the embassy told AFP.
Omwamba blocked calls from AFP.
In the early days of its invasion of Ukraine, Russia was accused of using people from its own ethnic minorities as expendable forces: Chechens, Dagestanis and others.
Its tactic was to throw vast numbers at Ukrainian defenses in a bid to overwhelm them.
But the human cost has been huge. Western intelligence services say Russia has suffered more than 1.2 million casualties, twice as many as Ukraine.
That has pushed Moscow to seek recruits further afield.
Ukraine’s ambassador to Kenya, Yurii Tokar, said Russia first targeted former Soviet republics in Central Asia, then India and Nepal, before turning to Africa.
The four returnees interviewed by AFP said they encountered dozens of Africans in training camps and battlefields, including from Nigeria, Cameroon, Egypt and South Africa.
Russia exploits the “economic desperation” of young Africans, said Tokar.
“They are looking for people for cannon fodder everywhere it is possible,” he said.
- Frontline horrors -
Victor recounted apocalyptic scenes at the front near Vovchansk in the Kharkiv region.
“We had to cross two rivers, with many dead bodies floating. Then there was a big field, which was covered with hundreds of bodies. We had to run to cross it. With drones everywhere,” he said.
“The commander told you: ‘Don’t try to escape or we shoot you,’” he said.
Of the 27 in his unit, two made it across the field.
Victor survived by hiding under a corpse but was hit in the right forearm by drone fire.
After two more weeks of missions, during which he was unable to carry his weapon and maggots were crawling in his wound, he was allowed to receive treatment behind the lines.
A few weeks later, despite the heavy losses already suffered, the Russian army sent Erik to the same location without changing its strategy.
Of the 24 men in his operation, only three made it across the field — a Pakistani who ended up with “both legs broken,” a Russian with “his stomach ripped open,” and Erik.
Miraculously escaping this ordeal unscathed, the 37-year-old said he was then hit in the arm and leg by drones.
- ‘Destroyed my life’ -
Mark’s shoulder is covered in scars from a grenade launched by a Ukrainian drone while he was heading to the front in September. He doesn’t know where he was.
All three eventually found themselves in a Moscow hospital and escaped to the Kenyan embassy, which helped them return home.
Moses managed to escape his unit in December and make contact with Kenyan officials.
Though physically unscathed, he is as traumatized as the others. A flying bird is enough to trigger his anxiety now, he said.
They know many Kenyan families are dealing with worse.
Grace Gathoni, now a single mother of four, learnt in November that her husband, Martin, who had planned to become a driver in Russia, died in combat.
Moscow has “destroyed my life,” she told AFP through tears.
Charles Ojiambo Mutoka, 72, learnt in January that his son, Oscar, was killed in August. His remains rest in Rostov-on-Don.
The Russian authorities “should be ashamed,” he said, angrily.
“We only fight our own wars and we never bring Russians to fight for us... so why take our people?“
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