ICE agents can’t make warrantless arrests in Oregon unless there’s a risk of escape, US judge rules

Above, law enforcement officers look out from a United States Immigration and Customs Enforcement facility Oct. 21, 2025, in Portland, Oregon. (AP)
Short Url
Updated 05 February 2026
Follow

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

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.


Russian pensioners turn to soup kitchen as war economy stutters

Updated 7 sec ago
Follow

Russian pensioners turn to soup kitchen as war economy stutters

SAINT PETERSBURG: Dishes clatter, steam bursts from large cooking pots and music is seeping through the bustling chatter of Russian pensioners, hunched over bowls of free meals in a Saint Petersburg soup kitchen.
The general mood is upbeat but the place, at full capacity, is a testament to financial hardships plaguing an ever-increasing number of Russia’s elderly people, struggling to make ends meet as the country’s war economy stutters.
Nina, a 77-year-old retired engineer, said she could no longer go to the supermarket, getting her lunch and dinner from the soup kitchen instead, as she was not able to afford her own groceries.
“I haven’t been to a shop for three years because I don’t have the money. There’s simply no point in going,” she told AFP, her voice resolute but eyes glistening.
“Should I just go, look around and leave?,” she asked.
The cost of living in Russia — particularly in large cities — has skyrocketed in the four years since Moscow launched its full-scale offensive in Ukraine.
Huge spending on the military helped Russia buck predictions of economic collapse, but has pushed up inflation — a headache for the Kremlin which has aimed to shield citizens from the fallout of its war.
Prices have surged by a combined 45 percent since Russia launched its offensive, according to official data.
And though President Vladimir Putin recently hailed a cooling of inflation amid high interest rates, pensioners in the Saint Petersburg soup kitchen say their situation is still dire.

- ‘Poor boys’ -

On a bright winter day, AFP met former accountants, doctors and engineers turning to the free bowls of soup and pasta on offer.
Zinaida, a 77-year-old former paediatrician, told AFP her pension was 26,400 rubles ($345) a month.
“Over the last two to three years, we have seen food prices rise,” Zinaida said, attributing the surge to raising taxes.
In order to plug holes in Russia’s stretched public finances, the Kremlin has tapped the pockets of its citizens, raising the nationwide sales tax from 20 to 22 percent, starting this year.
For many pensioners like Zinaida, juggling monthly expenses has become increasingly tricky.
“By our age, everyone has a whole load of illnesses,” she said, and the medications were “very expensive.”
“You work just to pay for the utilities and the pharmacy. There is almost nothing left for anything else.”
That sentiment is shared by Anna, 66, who, despite a career as a surgeon, said she struggled to pay her bills in retirement.
“When you go to the pharmacy, you start to wonder if you’ll be able to buy anything for lunch.”
The Central Bank, which has hiked borrowing costs in a bid to tame price rises, expects annual inflation to ease to Moscow’s four-percent target only in 2027.
That is just one of the Russian economy’s worsening indicators as the war in Ukraine drags into its fifth year.
Growth slowed dramatically to one percent in 2025, Putin said earlier this week — down from 4.3 a year prior.
But for Tatyana, a former accountant, “it’s only fair that things should get more expensive.”
“We have this war going, with our poor boys there. May God grant them all good health.”