ICE Continues Warrantless Arrests in Oregon Despite Federal Court Ban
ICE allegedly made warrantless arrests in Oregon despite a federal injunction.
Why it matters: Federal court orders limiting ICE arrests affect immigration enforcement and civil rights compliance. Legal teams should monitor enforcement actions and injunction adherence risks closely.
- Feb 4, 2026: Judge Kasubhai barred ICE from warrantless arrests in Oregon absent escape risk.
- Innovation Law Lab sued ICE over warrantless arrests violating constitutional rights.
- Sept 4, 2026: Judge ordered ICE to disclose withheld evidence on these arrests.
- Court filings show over 1,100 Oregon arrests in 2025, up from 113 in 2024.
On February 4, 2026, U.S. District Judge Mustafa Kasubhai issued a preliminary injunction—a temporary court order—prohibiting Immigration and Customs Enforcement (ICE) from making warrantless arrests in Oregon, except when there is a clear risk that the person might flee. This injunction followed a class-action lawsuit filed by the Innovation Law Lab, which challenged ICE’s practice as a violation of constitutional protections against unreasonable seizures.
Despite this order, testimony from former detainees reported to a court hearing alleges ICE officials continued to perform warrantless arrests in Oregon. In response, Innovation Law Lab requested court sanctions against ICE for breaching the injunction.
Further intensifying the dispute, on September 4, 2026, a federal judge ordered ICE to disclose previously withheld evidence regarding these arrests, as covered by media reports. This decision underscores the court’s emphasis on compliance with judicial orders and transparency in enforcement operations.
Judge Kasubhai remarked on the importance of due process and government restraint in exercising enforcement authority, emphasizing the constitutional foundation requiring such balance. His comments frame the legal and constitutional context for practitioners monitoring the implications for enforcement practices.
Jordan Cunnings, legal counsel with Innovation Law Lab, stated, "Our goal is to ensure ICE follows existing laws. While judicial intervention is regrettable, it appears necessary to achieve accountability and safeguard community members' ability to live without unwarranted fear."
According to court documents, the volume of arrests by ICE in Oregon surged to over 1,100 in 2025, a substantial increase from 113 documented in 2024. Some detainees, including individuals like Victor Cruz Gamez, were held for extended periods despite possessing valid work permits and pending visa applications, illustrating potential overreach in enforcement under current practices.
This ongoing litigation highlights critical challenges for legal teams advising on immigration enforcement compliance, evidentiary discovery, and the enforcement of federal court orders. Monitoring court developments and agency behavior will be essential to managing legal risk and ensuring constitutional safeguards in immigration operations.
By the numbers:
- 1,100 arrests — ICE made in Oregon during 2025 per court filings
- 113 arrests — documented in Oregon during 2024 before injunction
- Feb 4, 2026 — Date of preliminary injunction barring warrantless arrests
Yes, but: While allegations of warrantless arrests continue, ICE has not publicly detailed its adherence to the injunction, and the investigation and litigation are ongoing.
What's next: Further court rulings on evidence disclosure and potential sanctions against ICE are expected in late 2026, which may clarify enforcement boundaries and compliance requirements.