Politics

Federal judge in Oregon limits warrantless immigration arrests

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Feb 5, 2026

THE BARE STORY

A federal judge in Oregon has issued a preliminary injunction requiring federal immigration agents to stop making arrests without a warrant unless there is a likelihood the individual will escape. The ruling, issued Wednesday by U.S. District Judge Mustafa Kasubhai, stems from a proposed class-action lawsuit filed by the nonprofit Innovation Law Lab against the Department of Homeland Security.

During court proceedings, Judge Kasubhai received evidence regarding arrests conducted without warrants or a specific determination of flight risk. Victor Cruz Gamez, a plaintiff in the case, testified that he was detained for three weeks despite possessing a valid work permit and a pending visa application. The court also heard testimony regarding armed agents entering a bedroom to search for an individual who did not reside at the location.

Judge Kasubhai concluded that the plaintiffs presented sufficient evidence of a pattern of warrantless arrests without adequate cause, describing some agent actions as "violent and brutal." The decision places Oregon alongside Colorado and Washington, D.C., as jurisdictions where the administration is barred from conducting warrantless arrests without first verifying a risk of escape.

The ruling comes one week after Todd Lyons, the acting head of Immigration and Customs Enforcement (ICE), issued a memo instructing agents not to make arrests without a supervisor-issued warrant unless they establish probable cause that a person is likely to flee. The federal government is currently appealing the similar rulings handed down in Colorado and Washington, D.C.

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• Existing internal restrictions Prior to the judge’s ruling, the agency had already taken steps to limit warrantless arrests. One week before the decision, Todd Lyons, the acting head of Immigration and Customs Enforcement (ICE), issued a memo instructing agents to avoid arrests without a supervisor-issued warrant unless there is probable cause that the person is likely to flee.

• Ongoing legal challenges The federal government maintains a distinct legal stance regarding these judicial limits, as evidenced by its active appeals against similar rulings in Colorado and Washington, D.C. This suggests that while the injunction in Oregon is currently in place, the broader legal dispute regarding the administration's authority in these jurisdictions remains unsettled.

• Exceptions for flight risk The injunction issued by Judge Kasubhai is not a total ban on warrantless arrests; it explicitly allows agents to proceed if there is a "likelihood the individual will escape." This exception acknowledges the necessity for agents to act without a warrant when specific circumstances regarding a suspect's flight risk are established.

How it may affect me

As a U.S. reader:

• Residents in Oregon, Colorado, and Washington, D.C. may observe changes in local immigration enforcement, as federal agents are now generally required to obtain a warrant before making arrests unless they can verify a specific flight risk.

• Individuals with legal documentation, such as valid work permits or pending visa applications, may face a lower likelihood of detention in these jurisdictions following testimony regarding wrongful arrests of authorized workers.

• Households in the affected areas may experience increased privacy protections against armed agents entering private living spaces, such as bedrooms, to search for people who do not reside at the location.

• The long-term authority of federal agents in these regions remains uncertain, as the government is actively appealing similar rulings while simultaneously maintaining internal memos that instruct agents to limit warrantless arrests.

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