PORTLAND, Ore. (AP) — U.S. immigration agents in Oregon must stop arresting people without warrants unless there's a likelihood of escape, a federal judge ruled Wednesday.
U.S. District Judge Mustafa Kasubhai issued a preliminary injunction in a proposed class-action lawsuit targeting the Department of Homeland Security's practice of arresting immigrants they happen to come across while conducting ramped-up enforcement operations — which critics have described as “arrest first, justify later.”
The department, which is named as a defendant in the suit, did not immediately comment in response to a request from The Associated Press.
Similar actions, including immigration agents entering private property without a warrant issued by a court, have drawn concern from civil rights groups across the country amid President Donald Trump's mass deportation efforts.
Courts in Colorado and Washington, D.C., have issued rulings like Kasubhai’s, and the government has appealed them.
In a memo last week, Todd Lyons, the acting head of U.S. Immigration and Customs Enforcement, emphasized that agents should not make an arrest without an administrative arrest warrant issued by a supervisor unless they develop probable cause to believe that the person is in the U.S. illegally and likely to escape from the scene before a warrant can be obtained.
But the judge heard evidence that agents in Oregon have arrested people in immigration sweeps without such warrants or determining escape was likely.
The daylong hearing included testimony from one plaintiff, Victor Cruz Gamez, a 56-year-old grandfather who has been in the U.S. since 1999. He told the court he was arrested and held in an immigration detention facility for three weeks even though he has a valid work permit and a pending visa application.
Cruz Gamez testified that he was driving home from work in October when he was pulled over by immigration agents. Despite showing his driver's license and work permit, he was detained and taken to the ICE building in Portland before being sent to an immigration detention center in Tacoma, Washington. After three weeks there, he was set to be deported until a lawyer secured his release, he said.
He teared up as he recounted how the arrest impacted his family, especially his wife. Once he was home they did not open the door for three weeks out of fear and one of his grandchildren did not want to go to school, he said through a Spanish interpreter.
Afterward a lawyer for the federal government told Cruz Gamez he was sorry about what he went through and the effect it had on them.
Kasubhai said the actions of agents in Oregon — including drawing guns on people while detaining them for civil immigration violations — have been “violent and brutal,” and he was concerned about the administration denying due process to those swept 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, whose executive director, Stephen Manning, said he was confident the case will be a “catalyst for change here in Oregon.”
“That is fundamentally what this case is about: asking the government to follow the law,” he said during the hearing.
The preliminary injunction will remain in effect while the lawsuit proceeds.
Associated Press writer Gene Johnson in Seattle contributed.
FILE - Law enforcement officers look out from a United States Immigration and Customs Enforcement (ICE) facility Oct. 21, 2025, in Portland, Ore. (AP Photo/Jenny Kane, File)
FILE - Jack Dickinson, dressed in a chicken costume, looks to other protesters outside a United States Immigration and Customs Enforcement (ICE) facility in Portland, Ore., Monday, Oct. 20, 2025. (AP Photo/Jenny Kane,File)
ATLANTA (AP) — The Georgia General Assembly ended its annual session early Friday without a plan for new equipment to overhaul the state's voting system by a July deadline, plunging into doubt the future of elections in the political battleground.
The lawmakers' failure to offer a solution after months of debate raises uncertainty about how Georgians will vote in November and leaves confusion that could end in the courts or a special legislative session.
“They’ve abdicated their responsibility,” Democratic state Rep. Saira Draper said of inaction by Republicans who control the legislature.
Currently, voters make their choices on Dominion Voting machines, which then print ballots with a QR code that scanners read to tally votes. Those machines have been repeatedly targeted by President Donald Trump following his 2020 election loss, and Trump’s Georgia supporters responded by enacting a law in 2024 that bans using barcodes to count votes.
But state law still requires counties to use the machines. No money has been allocated to reprogram them, and lawmakers failed to agree on a replacement.
“We’ll have an unresolvable statutory conflict come July 1,” said House Governmental Affairs Committee Chairman Victor Anderson, a Cornelia Republican who backed a proposal to keep using the machines in 2026 that Senate Republicans declined to consider.
Republican House Speaker Jon Burns said he would meet with Gov. Brian Kemp and “take his temperature” on the possibility of a special session.
Kemp spokesperson Carter Chapman said he Republican governor will examine the situation.
“We’ll analyze all bills, as well as the consequence of those that did not pass,” Chapman said Friday.
House Republicans and Democrats backed Anderson's plan, which would have required that Georgia choose a voting process that didn't use QR codes by 2028. Election officials preferred that solution.
“The Senate has shown that they’re not responsible actors,” Draper said. She added that Lt. Gov. Burt Jones, a Trump-endorsed Republican running for governor, seemed more interested in keeping Trump's backing than “doing right by Georgia voters.”
A spokesperson for Jones didn't immediately respond to a request for comment early Friday.
Joseph Kirk, Bartow County election supervisor and president of the Georgia Association of Voter Registration and Election Officials, said he’ll look to the secretary of state for guidance and assumes a judge will rule to instruct election officials how to proceed.
“This is uncharted territory,” he said.
Robert Sinners, a spokesperson for Republican Secretary of State Brad Raffensperger, who is also running for governor, said officials are “ready to follow the law and follow the Constitution.”
Burns told reporters that his chamber was seeking to minimize changes this year.
“You can’t change horses in the middle of the stream,” Burns said.
Anderson said without action, the state could be required to use hand-marked and hand-counted paper ballots in November.
Election officials say switching to a new system within just a few months, as advocated by some Republicans, would be nearly impossible.
“They made no way for this to happen except putting a deadline on it," Cherokee County elections director Anne Dover said of the switch away from barcodes. Dover said one problem under some plans is that a very large number of ballots would have to be printed.
Lawmakers seemed more concerned about scoring political points than making practical plans, Paulding County Election Supervisor Deidre Holden said.
“If anyone is resilient and can get the job done, it’s all of us election officials, but the legislators need to work with us, and they need to understand what we do before they go making laws that are basically unachievable for us,” Holden said.
Supporters of hand-marked paper ballots say voters are more likely to trust in an accurate count if they can see what gets read by the scanner.
Right-wing election activists lobbied lawmakers for an immediate switch to hand-marked paper ballots, but the House turned away from a Senate proposal to do so.
Anderson said he wasn’t sure if a special session could escape those political crosswinds, but said Georgia lawmakers must fix the problem.
“This is a legislative problem,” Anderson said. “It’s a legislative solution that has to happen.”
FILE - Voting machines are seen at the Bartow County Election office, Jan. 25, 2024, in Cartersville, Ga. (AP Photo/Mike Stewart, File)
