ICE rulings

A photo of a masked ICE agent. | Photo from @independentthought on Instagram

Feb. 18, 2026 | Abbi Duhart | News Editor

On Feb. 4, U.S. District Judge Mustafa Kasubhai ruled that immigration enforcement agents can’t make warrantless arrests in Oregon unless there is a risk of escape. 

Many have concerns about immigration agents entering private property without a warrant, and evidence suggests that agents in Oregon have arrested people without cause or warrants. 

In a testimony during the hearing, Victor Cruz Gamez told the court he was arrested by immigration agents even though he had a valid work permit and a pending visa application. He was then held in an immigration detention facility for three weeks and was set to be deported until a lawyer secured his release. Upon his arrest, he presented valid documents to agents, but was detained regardless.

On Feb. 2, Oregon Democratic lawmakers introduced a new bill called the Law Enforcement Visibility & Accountability Act. This bill seeks to ban law enforcement, such as Immigration and Customs Enforcement agents, from wearing masks, as well as to require agents to have visible identification.

Any enforcement agent would be prohibited from wearing any sort of face covering that conceals their identity, and would need to be able to visibly identify which agency they are with. This policy would have exceptions for certain situations, such as medical accommodations or undercover work. 

Oregon Rep. Farrah Chaichi explained that the proposed bill is in direct response to federal immigration agents often wearing unidentifiable gear and uniforms, and even street clothes, under the Trump administration. 

The bill is meant to help the public clearly know whether an individual is an enforcement agent and whether an individual’s actions are lawful or not. 

Every enforcement agency operating in Oregon would be required to have a public policy regarding the use of face coverings that prohibits masked agents. Still, a big question remains on whether the proposed bill could be applied to federal agents due to the supremacy clause in the Constitution stating that when state and federal laws conflict, federal laws have priority. 

Additionally, all Oregon state and local employees would be prohibited from “cooperating with federal or another state’s crackdowns on free speech or targeting of protected classes.” 

Oregon Republican representatives express concern with the proposed bill regarding the safety of enforcement officers and their families. They argue that unmasked agents would be unsafe and put in great danger because they would be targeted by residents.

The logistics of the bill are still up in the air, but many Democratic representatives are urging for change. Chaichi says, “Across the country, and here in Oregon, communities are experiencing a deliberate campaign of terror by masked federal agents conducting indiscriminate and violent immigration raids targeting ordinary Oregonians. Although the challenges and threats of the Trump Administration are as extreme as they are brutal, we will continue to fight back. With LEAVA we can begin to assert Oregon’s sovereignty against federal encroachment and limit the suffering it has caused in our communities.”

 

Contact the author at howlnews@wou.edu