this post was submitted on 05 Feb 2026
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US immigration agents in Oregon must stop arresting people without warrants unless there is a likelihood of escape, a federal judge ruled on Wednesday.

US 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”.

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 Donald Trump’s mass deportation efforts.

Courts in Colorado and Washington DC, have issued rulings like Kasubhai’s, and the government has appealed them.

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[–] RampantParanoia2365@lemmy.world 2 points 4 hours ago

Oh ok, so making it illegal twice should do the job. 👍

[–] pelespirit@sh.itjust.works 28 points 20 hours ago (2 children)

I didn't think they could actually arrest? I thought they were just kidnapping. I'm serious.

[–] FauxLiving@lemmy.world 11 points 19 hours ago (1 children)

They're arresting people on warrants that they write themselves, it's kidnapping with extra paperwork.

[–] Bronzebeard@lemmy.zip 10 points 19 hours ago (1 children)

warrants that they write themselves

So...fraud? They can't write warrants. That's a judge thing.

Interesting that an agency whose only job is enforcement of paperwork issues is doing so by purposely screwing up paperwork

[–] FauxLiving@lemmy.world 2 points 18 hours ago

It's not fraud, or at least legally. Morally, I would agree to the spirit of the statement but fraud has a specific legal meaning. You're right that a judicial warrant is the only real warrant according to the 4th Amendment.

What they're using is an I-200 form ( https://www.ice.gov/sites/default/files/documents/Document/2017/I-200_SAMPLE.PDF ) which allows for them to arrest an immigrant for the purpose of removal from the country.

I believe that the reasoning is that because ICE operates on the physical border they are given the authority to arrest people in order to send them back across the border. So having a form that says 'This guy tried to enter illegally, so I sent him back' makes some sense though I would argue that the 4th amendment should apply even in these cases because it doesn't provide exceptions.

Now ICE is using that authority FAR away from the border so it is being used in a way that is more like a 4th amendment judicial warrant because they are arresting and detaining people for long periods of time. I could see a case for a judge ruling that the use of this form for people not being immediately deported (like, within 20 minutes) is a violation of the 4th amendment and require judicial warrants for all arrests (in a sane world, I mean).

The reason that they can legally operate in this manner is because they technically have authority anywhere within 200 miles of a border and 'a border' is defined very broadly. An international airport is 'a border' so, most major cities are within 200 miles of 'a border'. Coasts are a border too including the Great Lakes' coast.

This is an example of the administration using the law in bad faith and also of a legal system who's laws were written with way too much ambiguity due to the assumption of good faith execution (expecting people to keep their oaths is so old fashioned I guess).

So, not a fraud, but certainly an immoral way of abusing the letter of the law and likely a direct violation of the 4th Amendment in many of the cases where they're using it.

For example, gaining entry into a home without a judicial warrant, which is HUGE no-no. Using general warrants to enter people's homes without probable cause proven before a judge is one of the a reason listed in the United States Declaration of Independence for the break with the King.

[–] Xaphanos@lemmy.world 4 points 20 hours ago

Disappearing

[–] decapitae@sh.itjust.works 11 points 20 hours ago* (last edited 20 hours ago)

Arrest is a sanctioned form of kidnapping.
ACAB However this paramilitary group, these "federal agents" are supposed to be part of an investigatory department working with local law enforcement, they've been militarized and sent ot terrorize communities through violent actions to coerce the civilian population in these areas into blind obedience of the tRumpSsReich terrorist organization. Fuck ICE. Fuck tRump. Fuck his sniveling supporters who attack children and cheer public executions Nazis of a feather get plucked together

[–] morphballganon@lemmy.world 3 points 18 hours ago

Nobody thinks that will actually stop them, do they?

[–] SaveTheTuaHawk@lemmy.ca 4 points 20 hours ago

another court order they can wipe their asses with because they have absolute immunity.