PORTLAND, Ore. — U.S. immigration agents in Oregon must stop arresting people without warrants unless there's a likelihood of escape, a federal judge ruled Wednesday.
U.S. 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 respond to a request for comment by 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 U.S. 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 the person is 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.
That included testimony from one plaintiff, Victor Cruz Gamez, a 56-year-old grandfather who has been in the U.S. 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.