Operation Black Rose is a DHS operation launched in Oregon in October 2025 that combines intrusive surveillance (facial recognition, drones, massive data-scraping and more) with aggressive and often violent warrantless arrests of immigrants and people perceived to be immigrants under a policy described as “Arrest First, Justify Later.” Since Operation Black Rose started, DHS detentions have soared. Nearly half of the population of Oregon is living under a declared state of emergency because of DHS’s violent and aggressive tactics.
Two Oregonians, M-J-M-A-, an asylum-seeker; and Victor Cruz Gamez, a decades long resident, father and grandfather, who were swept up under the “Arrest First, Justify Later” policy, sued DHS in Oregon’s federal court arguing that “Arrest First, Justify Later” was unlawful. On February 4, 2026, the federal court ordered federal agents to stop carrying out their unlawful policy of making illegal warrantless arrests in Oregon.
Unlawful Warrantless Arrests. The law says that normally, ICE must have an “administrative warrant” in order to arrest someone for immigration violations. An administrative warrant names the person ICE wants to arrest and describes why ICE believes that that person has violated immigration law. ICE can make an arrest without an administrative warrant, but in order to do so must have probable cause both that the person has a) broken immigration law and b) is a flight risk, meaning that they are likely to flee before the agent can get a warrant. “Probable cause” means that the agent can point to specific facts, or evidence, about the person that gives them reason to believe that something is true. A warrantless arrest is illegal when ICE does not have probable cause for either requirement. ICE must have probable cause for both requirements in order for a warrantless arrest to be lawful.
Preliminary Injunction. The court’s order applies to anyone arrested in Oregon for an alleged immigration violation since September 29, 2025, if they were or are arrested without a warrant and the immigration agents did not have evidence that they were likely to escape. The court ruled that the government had a policy of making warrantless immigration arrests without probable cause for flight risk. The court’s order requires ICE to first identify facts about a person that gives ICE probable cause to find they are a flight risk before they make a warrantless arrest; otherwise, ICE has to get an administrative warrant to make an arrest. The court ordered ICE and other federal agents to stop carrying out this unlawful policy of making warrantless immigration arrests without first considering whether someone is a flight risk, largely halting the “Arrest First, Justify Later” policy.
ICE has to write down what they believe makes someone a flight risk whenever they arrest someone without a warrant. The court’s order requires ICE and other federal agents to list the facts they know at the time of arrest related to the person’s ties to the community. These can include: having family in the area, having a job, living in the area for a long time, and being part of a church or other community group.
This order does not stop ICE and other federal agents from making immigration arrests at all. Rather, it requires them to either get an administrative warrant first, or, if conducting a warrantless arrest, first consider whether someone is a flight risk.
Class Action. The Court ordered that the case, for the time being, can proceed as a class action. A class action means the cases of the M-J-M-A- and Mr. Cruz Gamez are examples of what has happened to other people in Oregon like them and that the order applies to people like them who are part of the class.
Next Steps. The court’s order is a preliminary injunction, meaning that it is a temporary order while the full case is still being decided. Courts issue preliminary injunctions when they believe that one side is likely to win and will be seriously harmed if the court does not intervene before the case ends, which can take years. The government can appeal this order, first to the U.S. Court of Appeals for the Ninth Circuit and, if they lose, then to the U.S. Supreme Court. Either of those courts could undo this court order.
Report Unlawful Arrests. If ICE arrested you or someone you know in Oregon without a warrant and without asking you any questions related to your community ties (or any questions at all), please email mjma-class-counsel@innovationlawlab.org to reach class counsel, Innovation Law Lab. Be sure to also report arrests immediately to one of Oregon’s rapid response hotlines (PIRC 1-888-622-1510 and get connected to legal assistance through ECO, www.equitycorps.org.
