Federal Judge Orders ICE to Follow Injunction on Warrantless Arrests in Oregon

On November 2, 2026, U.S. District Judge Mustafa Kasubhai in Eugene, Oregon, issued a new order demanding that Immigration and Customs Enforcement (ICE) obey a February injunction that bars warrantless arrests unless a flight‑risk finding is documented.

The judge said ICE officers had continued to make arrests without proper documentation and even fabricated evidence to justify at least one arrest. He warned that government agents must be held accountable when they act without oversight.

Judge Finds ICE Ignored Injunction

Kasubhai’s 50‑page opinion noted that ICE arrested 574 people in Oregon from February 5 to July 31, with 504 of those arrests likely occurring without a warrant. Yet ICE reported only 13 warrantless arrests during that period. Testimony from advocacy groups showed the true number was far higher.

The court also highlighted a specific case where an officer’s written narrative conflicted with the arrestee’s account. The officer admitted the narrative was inaccurate, and the judge gave no weight to that testimony.

What the Order Requires

ICE must now provide documentation every 30 days describing each warrantless arrest in Oregon. The agency must also produce past arrest records, body‑camera footage for arrests after September 1, and any other documents the plaintiffs request.

Additionally, ICE is ordered to re‑transmit the terms of the preliminary injunction to all officers and employees to ensure future compliance.

Impact on Immigrants and Communities

The ruling directly affects immigrants in Oregon who could be arrested without a warrant or a documented flight‑risk assessment. Those who believe they were arrested improperly should keep any paperwork, arrest notices, or communications from ICE and consider requesting the newly ordered documentation.

While the order does not create a new deadline for individuals, the 30‑day reporting requirement means ICE’s compliance will be monitored regularly, offering a clearer record for anyone challenging an arrest.

When to Seek Legal Help

Anyone who has been detained by ICE in Oregon—or who suspects a warrantless arrest—should consult an immigration attorney to review the arrest details and determine whether the agency complied with the injunction. Legal counsel can help request the required documentation and assess any potential claims.

This article is general information based on Courthouse News Service and court or agency records available at publication time. It is not legal advice; laws and deadlines differ by state and by case. Published November 2, 2026.