PORTLAND, Ore. — In a landmark decision, a federal judge has mandated that U.S. immigration agents operating in Oregon must stop making arrests without a valid warrant, unless there is clear evidence that the individual is likely to flee. This ruling, delivered by U.S. District Judge Mustafa Kasubhai, comes as part of a proposed class-action lawsuit addressing the practices of the Department of Homeland Security.
The lawsuit criticized the current enforcement methods, commonly referred to as 'arrest first, justify later.' Critics argue that these tactics undermine civil rights, as immigration agents frequently detain individuals without proper warrants or probable cause.
Judge Kasubhai highlighted troubling practices where agents utilized excessive force, including drawing weapons on individuals during civil immigration violations. He expressed significant concern over violations of due process, stating, 'Due process calls for those who have great power to exercise great restraint.'
The nonprofit organization Innovation Law Lab initiated the lawsuit, which centers on testimonies from individuals, including a grandfather named Victor Cruz Gamez, who was detained for weeks despite holding a valid work permit and a pending visa application. The judge's ruling underscores a commitment to uphold constitutional protections amidst rising tensions surrounding immigration enforcement under the previous administration.
