US immigration agents can't arrest without warrant: Federal judge warns ICE

A federal court ruling curbs immigration arrests without warrants, raising fresh questions over due process and ICE powers under the Trump administration

A US federal judge on Wednesday ordered immigration agents to stop arresting people without warrants unless there is a clear likelihood that the person would escape.

 

US District Judge Mustafa Kasubhai issued a preliminary injunction in a proposed class-action lawsuit challenging the Department of Homeland Security’s practice of arresting immigrants encountered during stepped-up enforcement operations. Critics have described the approach as “arrest first, justify later”, according to law firm Innovation Law Lab, which had filed the case against ICE.

 

The case centres on enforcement actions in Oregon, where evidence showed immigration agents arresting people without warrants or without assessing whether they were likely to flee. Civil rights groups have raised concerns nationally, particularly as President Donald Trump’s administration pushes ahead with mass deportation efforts. Those concerns have also focused on immigration agents entering private property without warrants issued by courts.

 

Kasubhai heard testimony from several individuals, including Victor Cruz Gamez, a 56-year-old grandfather who has lived in the US since 1999. Cruz Gamez told the court he was arrested during an immigration sweep and held in a detention facility for three weeks, despite having a valid work permit and a pending visa application.

 

The judge said the conduct of agents in Oregon went beyond administrative enforcement.

 

“Drawing guns on people while detaining them for civil immigration violations is violent and brutal,” Kasubhai said, adding that he was concerned about due process being denied to those caught up in immigration raids.

 

“Due process calls for those who have great power to exercise great restraint,” he said. “That is the bedrock of a democratic republic founded on this great constitution. I think we’re losing that.”

 

The lawsuit was brought by the nonprofit law firm Innovation Law Lab.

 

Why are ICE powers under scrutiny?

 

The ruling comes weeks after an internal memo from Immigration and Customs Enforcement, obtained by The Associated Press, said immigration officers could forcibly enter people’s homes without a judge’s warrant. 

 

For years, most immigration arrests have relied on administrative warrants. These are issued by immigration authorities and allow arrests but do not permit officers to enter private homes without consent.

 

Only warrants signed by an independent judge have generally been treated as sufficient to enter a residence without permission. That distinction has underpinned court rulings and legal advice from immigration lawyers.

 

Democratic US Senator Richard Blumenthal of Connecticut has called for congressional hearings into the ICE memo and has sought answers from Kristi Noem, who leads the Department of Homeland Security.

 

“Every American should be terrified by this secret ICE policy authorising its agents to kick down your door and storm into your home,” Blumenthal said in a press release.

 

“This policy is directly contrary to longstanding legal interpretation of the Fourth Amendment and agency practice, which requires ICE agents to obtain a judicial warrant duly signed and executed by a judge in order to enter someone’s home,” he said.

 

Blumenthal said whistleblower disclosures and public reporting point to at least two cases in the past year in which Department of Homeland Security officials wrongly entered the homes of American families.