Judge orders ICE to follow rules on warrantless arrests in Oregon

U.S. District Judge Mustafa Kasubhai issued an order on Nov. 2, 2026, requiring U.S. Immigration and Customs Enforcement to adhere to a preliminary injunction that restricts the agency from conducting warrantless arrests in Oregon. The ruling mandates that federal officers must determine if an individual poses a flight risk before making an arrest, a requirement established by the court earlier this year.

The judicial order follows a two-day evidentiary hearing held in September to examine allegations that the agency had failed to comply with the February 4, 2026, injunction. During these proceedings, plaintiffs represented by the Innovation Law Lab argued that ICE maintained an arrest-first policy, failing to document the majority of their enforcement actions. Evidence presented in court indicated that while hundreds of warrantless arrests occurred, documentation was provided for only 24 of them.

A central point of the court's concern involved testimony from an ICE officer who admitted to falsifying facts in official agency reports to justify an arrest. Judge Kasubhai noted that the admission raised questions regarding the extent of potential misconduct within the agency's Oregon operations. In his written order, the judge stated that the case highlights the necessity of public oversight and sworn testimony to ensure government accountability.

The judge emphasized that without such judicial scrutiny, individuals in positions of authority might act without accountability. The order serves as a formal directive for the agency to align its practices with the legal standards set by the court regarding individualized flight risk assessments.