Oregon Federal Judge: ICE Warrantless Arrests Violated Injunction, Fabricated Evidence

• A federal judge in Oregon ordered ICE to comply with an injunction against warrantless arrests after finding an officer fabricated evidence.
• U.S. District Judge Mustafa Kasubhai determined ICE agents continued warrantless arrests without documenting flight risk and failed to properly disclose them.
• ICE reported only 13 warrantless arrests between February and July, but testimony indicated significantly more among the 504 noncustodial arrests.
• An ICE officer admitted to writing an inaccurate account of an arrest, which the court found to be false testimony.
• The court found that produced documents revealed "falsification of I-213s" and "misstatements of material facts" by ICE.

The court determined that an officer with U.S. Immigration and Customs Enforcement (ICE) had fabricated evidence to justify an arrest, highlighting significant issues with ICE Oregon injunction compliance.

A federal judge in Oregon recently mandated that federal immigration authorities adhere to a standing injunction that restricts warrantless arrests. This directive came after the court determined that an officer with U.S. Immigration and Customs Enforcement (ICE) had fabricated evidence to justify an arrest, highlighting significant issues with ICE Oregon injunction compliance.

U.S. District Judge Mustafa Kasubhai issued the order following an evidentiary hearing where plaintiffs, representing a class of Oregon immigrants, alleged ongoing non-compliance by ICE. The plaintiffs, two men who reported being arrested in Oregon and transported over 100 miles to a Washington state processing facility, contended that ICE was not following the court's earlier instructions. Their accusations included assessing flight risk only after conducting warrantless arrests, failing to properly document arrest circumstances, underreporting such incidents, and withholding crucial documentation.

Despite ICE's denial of any violations during the two-day hearing in September, Judge Kasubhai concluded that agents in the District of Oregon continued to conduct warrantless arrests without adequately establishing and documenting the required individualized finding of escape risk. Furthermore, the court found that federal immigration officials had failed to comply with the order to appropriately document and disclose these warrantless arrests, raising serious concerns about the integrity of Oregon immigration enforcement.

The court's findings revealed a stark contrast between reported and actual warrantless immigration arrests. From February 5 to July 31, federal immigration officials conducted 574 arrests in Oregon. Of these, 504 were identified as noncustodial, indicating they likely occurred without a warrant. However, ICE officially reported only 13 warrantless arrests during this period, a figure significantly contradicted by testimony from co-directors of the Deportation Data Project and Portland Immigrant Rights Coalition.

Judge Kasubhai specifically cited an instance involving an individual identified as H-D-G-H-, who was arrested by ICE deportation officer J.G. while on his way to fish. The court deemed H-D-G-H-'s account credible and found J.G.'s testimony to be false. This conclusion was reinforced by J.G.'s own admission that his written narrative of the arrest was inaccurate, stating he wrote it "as if I ... already knew who the person was, but I did not," even while maintaining the arrest's lawfulness. The judge gave no weight to this explanation, asserting that the evidence clearly demonstrated ICE officers did not conduct the arrest under a valid warrant. This admission by the ICE officer regarding fabricated evidence further underscored the agency's non-compliance.

The preliminary injunction, initially issued by Judge Kasubhai in February, established new parameters for ICE arrests in Oregon, specifically prohibiting warrantless arrests unless officers determined an individual posed a flight risk. This order also mandated that federal defendants provide documentation every 30 days detailing all warrantless immigration arrests that occurred in Oregon. The court found that ICE failed to properly provide this documentation, and the limited documents that were produced revealed "falsification of I-213s, misstatements of material facts."

In his 50-page opinion, Judge Kasubhai, a Joe Biden appointee, emphasized the critical importance of accountability, stating, "Indeed, the sole ICE officer who testified admitted to falsely stating facts in official agency documentation about the basis for an arrest. There is no telling how many other agents in Oregon engaged in similar misconduct." He further stressed that the case highlights the necessity of demanding government agents explain their actions under oath and the public's role in scrutinizing such activities to ensure those in authority are held responsible.

Lawyers representing immigrants in Oregon should be aware of this ruling as it reinforces legal protections against warrantless ICE arrests and provides a basis to challenge non-compliant enforcement actions. It also highlights the severe judicial scrutiny on government agencies regarding documentation and adherence to court orders, particularly concerning evidence fabrication.

Source: Original reporting via Courthouse News Service