On Wednesday, a federal judge in Oregon issued an order barring Department of Homeland Security (DHS) agents from conducting warrantless arrests without first finding that an individual is likely to escape before a warrant can be obtained in accordance with federal law.
The order stems from a lawsuit brought by the nonprofit law firm Innovation Law Lab, which accuses immigration enforcement agencies of engaging in a "detain first, justify later" pattern of practice that violates federal law. Under federal law, immigration agents may conduct a warrantless arrest only if the officer has both a "reason to believe" a person is violating an immigration law or regulation and is "likely to escape" before a warrant can be obtained. Critically, without both findings, an officer lacks the requisite probable cause to make a lawful arrest.
