Oregon federal judge blocks ICE warrantless arrests and finds pattern of constitutional violations

U.S. District Judge Mustafa Kasubhai issued a preliminary injunction on February 5, 2026, blocking ICE from making warrantless arrests in Oregon unless agents could show an individualized flight risk assessment for each person. The ruling came in Innovation Law Lab v. DHS, a class-action filed on behalf of people detained without warrants including Victor Cruz Gamez, a 56-year-old grandfather with valid work authorization who was held for three weeks after ICE told him his work permit "meant nothing." Judge Kasubhai found "ample evidence" of a "pattern of practice" of warrantless arrests, called agents' tactics "violent and brutal," and concluded plaintiffs were likely to prevail on Fourth and Fifth Amendment claims. Evidence showed ICE operated under per-team quotas of eight arrests per day and created administrative warrants after detaining people. Oregon became the third jurisdiction to block warrantless ICE arrests, joining Colorado and Washington, D.C.