On February 4, 2026, U.S. District Judge Mustafa T. Kasubhai issued a preliminary injunction in Portland that halts Immigration and Customs Enforcement (ICE) agents from making warrantless arrests in Oregon unless there is a demonstrable risk of escape. The decision stemmed from a class‑action lawsuit brought by the Portland‑based Innovation Law Lab, challenging the increasing number of indiscriminate immigration sweeps. Similar injunctions have been granted in Washington, D.C., and Colorado. Oregon now joins these jurisdictions in pushing back against what critics describe as ICE’s “arrest first, justify later” practices. 

At a day‑long evidentiary hearing, plaintiffs—including MJMA, a farmworker detained while heading to work, and Victor Cruz Gamez, a longtime Oregon resident with a valid work permit—testified about their arrests absent warrants or individualized justification. Cruz Gamez, detained for three weeks despite legal authorization to work, described deep fear and trauma for his family that followed his release. 

Judge Kasubhai characterized the methods used by ICE agents—drawing firearms, forceful detentions, and raids on private property—as “violent and brutal,” and highlighted that due process demands restraint from those wielding great power. The injunction includes documentation requirements: ICE must, going forward, provide detailed narrative reports on any warrantless arrests in Oregon—including considerations of flight risk, ties to the community, employment, and timing. 

Innovation Law Lab’s Stephen Manning called the ruling a necessary restorative measure, while ICE has not commented publicly. The injunction will remain active as litigation continues. 

Why this matters locally

Oregonians, particularly in immigrant communities, have lived in fear of sweeping enforcement tactics—fearing even routine acts like driving home or going to work. This injunction reasserts constitutional protections against government overreach, preserving community safety and civil liberties. As Stevens and rural residents in Cowlitz County look on, the legal principle at stake is clear: communities deserve to feel secure, free from arbitrary enforcement.

Innovation Law Lab’s action is a reminder that civic institutions and courts play pivotal roles in preserving constitutional order—especially in moments when public trust is strained and vulnerable populations face heightened enforcement.

What’s next

The court’s preliminary order is not a final decision. The lawsuit will continue through further hearings where Innovation Law Lab seeks permanent injunctions. If ICE fails to comply with documentation or continues warrantless arrests without adequate justification, the law firm may return to court to enforce or expand relief. 

Columbia Countercurrent will continue to monitor developments, including reports ICE submits, and their impact on community security across Southwest Washington.

Sources

• AP via OPB: “Federal immigration agents must stop arresting people without warrants unless there’s a likelihood of escape,” reported February 5, 2026. Courtesy of OPB (based on Associated Press reporting).
• CBS News: Coverage of Judge Kasubhai’s order and the testimony of plaintiff Victor Cruz Gamez, published February 4, 2026.