Updated Feb. 4, 2026, 7:10 p.m. PTA federal judge on Feb. 4 granted a preliminary injunction barring U.S Immigration and Customs Enforcement from carrying out warrantless immigration arrests in Oregon unless agents first make specific, individualized determinations that a person poses a flight risk."The plaintiffs ... came to court today asking the court to stop the government's practice of arrest first, justify later on behalf of everyone in Oregon, and that is what the court did," said Innovation Law Lab executive director Stephen Manning shortly after the hearing ended. "Today, with the injunction in place, what we can hope for is a return to some sense of normality for the community."The order from U.S. District Court Judge Mustafa Kasubhai came after hours of additional argument and testimony in a case filed by Innovation Law Lab. The organization filed a preliminary injunction motion on Jan. 9 on behalf of two plaintiffs, M-J-M-A and Victor Cruz Gamez, who were both detained in Oregon in 2025 without warrants.Plaintiffs describe warrantless arrest, psychological crueltyM-J-M-A was one of more than 30 workers detained on Oct. 30 in Woodburn.The city has been acutely impacted by the surge of immigration enforcement activity in the state. Woodburn declared a state of emergency in November after residents reported fearing to step outside their homes and businesses saw a dramatic decrease in customers.Manning referenced several counties and cities that had declared similar states of emergency during the hearing. He told reporters that nearly 1.6 million people live in jurisdictions under a state of emergency due to Department of Homeland Security conduct.ICE activity has generally increased in the state, with the Portland Immigrant Rights Coalition reporting a significant jump in immigrant detentions based on calls to its hotline. The Deportation Data Project also reported more than 1,100 arrests in Oregon in 2025. The PIRC hotline received 52 reports of detentions in September 2025. That number surged to 286 detentions in October. Callers reported 379 detentions in November and 251 in December. PIRC said a total of 79 detentions were reported to the hotline in January 2026.According to court documents, M-J-M-A, a 45-year old Mexican farmworker, was on her way to work with her son and nephew when she was pulled over and detained. She described "many" SUVs surrounding the shared van and agents hitting windows and yelling before an officer broke the driver's side window.Agents broke her flip phone and punched her nephew, she said.Lawyers said she had no criminal record, no prior negative immigration record, and no history of escaping or attempting to escape from enforcement actions.M-J-M-A was later transferred to the Northwest ICE Processing Center in Tacoma, Washington, and was eventually released from custody.Victor Cruz Gamez, a now 56-year-old Mexican man living in Hillsboro and owner of a construction business, was driving home from work when he was stopped on Oct. 14 by a car with three people. The arresting agent knew he was gainfully employed, had a pacemaker, and had lived in the United States for more than 25 years, according to court records.Gamez took the stand on Feb. 4, recalling being pulled over and repeatedly telling officers he had a valid four-year work permit. Gamez paused briefly as he became emotional in court, sharing that one officer looked at the work permit and said it didn't protect him from anything and that "you're still an illegal."He shared his memory of officers looking at a photo of the man they had been searching for and repeatedly asking one another whether they thought Gamez matched the image. It was not him, he said.Officers never showed him a warrant for his arrest, Gamez said.At the Portland ICE office, Gamez said he was asked to sign off on a voluntary deportation and was not provided access to an attorney. He declined and was taken to the Northwest ICE facility in Washington that evening, where he was again asked twice to sign his deportation.Gamez was detained for three weeks before a judge ordered his release.On the stand, Gamez said, in Spanish, that what stood out most to him about those three weeks was the "psychological cruelty" that staff at the facility used. He remembered being placed in a cold, concrete cell when they arrived at 3 a.m. and was again emotional, recalling he was at one point unable to call his wife.Judge grants class certification, preliminary injunctionFrom the bench, Kasubhai said ICE has engaged in a widespread practice of conducting warrantless arrests and concluded that agents have contributed to irreparable harm through unlawful detention."There can be no injury more irreparable than being illegally arrested in the manner in which Mr. Gamez, M-J-M-A and the many other examples of people being stopped, detained, thrown to the ground, then handcuffed," he said.Kasubhai said videos submitted as evidence in the case have shown "violent and brutal" actions.Three videos were shown during the hearing, including the arrest of two men on Oct. 15 in Gresham who were not the intended target where agents drew their weapons inside the home, prompting outrage.The daughter of a woman arrested in Cottage Grove on Nov. 5, who has a permanent residence card, also took the stand to verify video of the arrest. She was similarly emotional describing her mother's arrest."The drawing of firearms in the course of an immigration arrest, a civil administrative process, is excessive and defies human decency," Kasubhai said.Under the order, ICE and its agents will be prohibited from enforcing any policy or practice in the state that allows warrantless civil immigration arrests without a pre-arrest probable cause finding that the person poses an escape risk.Kasubhai ordered the federal government to distribute the injunction and to submit compliance reports every 30 days.Agents will also be required to document every warrantless arrest, including the facts and circumstances of the arrest, such as where it occurred, whether the detainee had known community ties, and the specific reasons supporting an agent's belief that a warrant could not be obtained in time.Kasubhai also granted the motion for both plaintiffs to represent a class described as people who have been or will be arrested in Oregon for alleged immigration violations without a warrant and without first determining whether they are likely to flee.Lawyers for the federal government sought a stay of the ruling on the provisional certification, arguing they had not been given notice that the certification would be taken up that day. Kasubhai denied the motion, finding that adequate notice was given in the course of motions, briefs, and discussions with him prior to the Feb. 4 hearing.They were also unsuccessful in arguing that a memo of Acting ICE Director Todd M. Lyons contradicts the plaintiffs' arguments. Assistant U.S. Attorney Ariana N. Garousi said the memo "provides the exact remedy they're looking for." The memo, Garousi said, added to evidence demonstrating there is no policy or practice of doing anything other than following the law.The judge disagreed.The Department of Homeland Security did not immediately respond to a request for comment.Innovation Law Lab has filed another lawsuit on behalf of Pineros y Campesinos Unidos del Noroeste and CLEAR Clinic, alleging that the government has repeatedly denied clients representation before quickly transferring them out of the state. That case is also ongoing.Dianne Lugo covers the Oregon Legislature and equity issues. Reach her at dlugo@statesmanjournal.com on X @DianneLugo or Bluesky @diannelugo.bsky.social.