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Feb 6, 2026

Federal Judge Bars ICE From Most Warrantless Arrests in Oregon

Federal Judge Bars ICE From Most Warrantless Arrests in Oregon
A U.S. district court in Eugene, Oregon, has issued a sweeping preliminary injunction that dramatically curtails the ability of Immigration and Customs Enforcement (ICE) agents to make civil immigration arrests without a judicial warrant. Judge Mustafa Kasubhai ruled on 5 February that such arrests violate the Fourth and Fifth Amendments unless officers can show a clear risk of flight. The order stems from a class-action lawsuit filed by the nonprofit Innovation Law Lab after multiple longtime residents were detained during routine traffic stops and courthouse visits.

The court cited evidence of what it called an “arrest-first, justify-later” culture—including incidents in which agents drew firearms while detaining individuals who had valid work permits or pending visa applications. In granting the injunction, Judge Kasubhai aligned with earlier rulings in Colorado and the District of Columbia that disallowed warrantless ICE detentions absent exigent circumstances.

Practically, the decision forces ICE’s Portland field office to obtain warrants from an immigration judge or a federal magistrate before taking individuals into custody, except in narrowly defined emergencies. Companies employing foreign nationals in Oregon should expect fewer workplace raids but may see an uptick in “silent” I-9 audits as enforcement shifts from the field to the desktop.

Federal Judge Bars ICE From Most Warrantless Arrests in Oregon


Businesses and travelers seeking to stay ahead of these procedural shifts can leverage VisaHQ’s online platform for up-to-date visa and passport solutions. Through its U.S. portal (https://www.visahq.com/united-states/), VisaHQ simplifies document preparation, offers status alerts, and connects users with experts who monitor enforcement policies—helping minimize the risk of unexpected complications at traffic stops, workplaces, or courthouses.

Legal analysts note that although the injunction is limited to Oregon, it could ripple nationally if other districts adopt similar reasoning. The Department of Homeland Security has not yet indicated whether it will appeal, but a stay request is considered likely given the political stakes.

For mobility managers, the ruling underscores the importance of maintaining immaculate Form I-9 records and ensuring that foreign workers carry proof of status—especially employment authorization cards—when traveling within the state. The decision may also embolden local governments to push for additional sanctuary-style protections ahead of the November mid-terms.
VisaHQ's expert visas and immigration team helps individuals and companies navigate global travel, work, and residency requirements. We handle document preparation, application filings, government agencies coordination, every aspect necessary to ensure fast, compliant, and stress-free approvals.
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