In Oregon, outcomes for ICE detainees can depend on speed of transport

A couple of hours can make a big difference for those arrested by U.S. Immigration and Customs Enforcement officers in Lane County.

Speed matters when challenging the lawfulness of ICE arrests in Oregon. The clock starts running when ICE begins transporting a detainee to a Tacoma, Washington, detention center. 

Amid the surge in immigration enforcement under President Donald Trump — which has included Lane County, where advocates say arrests appear to be rising — federal judges in Eugene have ruled that eight or so ICE detentions were unjustified. Those rulings at times have cited a lack of due process.

Now, Oregon federal judges, in immediate response to detention challenges known as habeas petitions, routinely issue orders to “protect the status quo,” meaning to preserve existing conditions. That means ordering ICE agents to provide advance notice of two days from when a case is filed before moving a detainee out of Oregon, where these federal judges have jurisdiction. If “good cause” exists not to release a detainee, judges state they will hear such concerns.

Oregon has no ICE detention facility. With no such facility in the state to keep detainees in custody, federal immigration authorities – upon receiving orders from a judge – comply by quickly releasing detainees until a full court hearing takes place.

For example, two people detained July 3 when their vehicle was “boxed in” by ICE officers in or near Eugene were released pending a future ruling on their habeas petitions, court records show. Deadlines for court filings in the case extend until Aug. 27, meaning they likely will remain free at least until then.

But circumstances are different if a detainee is in Tacoma by the time a habeas petition is filed.

For example, a federal judge said in a Thursday, July 23, hearing that he had no jurisdiction after a 20-year-old Cottage Grove man arrested July 20 by ICE had already been taken to Tacoma before authorities received notice of a habeas petition challenging his detention.

A spokesperson for the federal Department of Homeland Security said the man, Victoriano Carrillo-Pablo, faces sex assault criminal charges.

In a one-paragraph July 20 court filing, federal attorneys said Carrillo-Pablo “crossed the border in federal custody from Oregon into Washington State at 9:47 a.m. today, nearly two hours before this petition was filed.”

“It is a race to the border to get these folks into Washington before a petition can be filed here,” Chief U.S. District Judge Michael McShane said in Thursday’s hearing.

Habeas petitions do not aim to resolve a person’s immigration status but instead question whether being kept in ICE custody is legally justified. 

“You don’t lose the right to habeas just because you’ve been crossed into another state,” Eugene-based immigration attorney Katrina Kilgren said.

But there are practical hurdles, such as finding an attorney qualified to work a case in Washington, Kilgren said, that mean a detainee is much less likely to be granted a quick release once in the Tacoma facility. 

Remaining in detention then also poses serious obstacles to preparing for a day in immigration court as detainees seek to obtain lawful status to remain in the United States, Kilgren said.

An advocate for immigrants claimed ICE’s actions in Oregon are designed with knowledge of the obstacles posed by detention.

“Rapidly moving Oregonians out of state is a deliberate tactic by ICE to take away due process rights and separate attorneys from their clients,” Stephen Manning, executive director of the Portland-based Innovation Law Lab, said in a statement. 

Asked whether speedy transport is a “deliberate tactic,” the DHS spokesperson said: “Once an alien is transferred to ICE custody, the agency makes a custody determination based on bed space and ensures their presence for immigration proceedings or removal from the United States.” 

ICE activity trends

In Oregon, a 2022 state law established a permanent universal legal representation program that can help with quick actions for those detained by ICE, including the filing of habeas petitions.

“As far as if somebody is in a vulnerable position and fears being arrested by ICE, I always recommend that they get enrolled in the Equity Corps of Oregon program,” Kilgren said, referring to the universal representation program.

For people who are “the most vulnerable,” attorneys can prepare a draft habeas petition ready to file quickly. Some attorneys also are “proactively filing a habeas” ahead of any ICE check-in appointments, Kilgren said.

But “it’s tricky for having people get access to these fast-filed habeas petitions because of the way ICE is arresting people,” Kilgren said.

“What we’ve seen locally is an increase in weekend activity by ICE, and also on holidays,” Kilgren said, referring to activity on the extended July 4 holiday weekend.

As part of increased activity, Kilgren said she’s become aware of “a return to early morning traffic stops.” 

If a person is detained “with few witnesses,” this “certainly provides challenges for the attorneys to then figure out who has been detained in order to try to be able to help them,” Kilgren added.

Overall, however, when it comes to ICE enforcement, it seems “the trends are ever-changing,” Kilgren said.

“It felt like they were targeting individuals coming out of court hearings,” Kilgren said, and while that seems to have become less of a focus, “I think that that is still true to some extent.”

The Portland Immigrant Rights Coalition has reported 54 ICE detentions statewide this month through July 23, a total that is not comprehensive but based on reports to the advocacy group.

‘Fear in the community’

Far more people are detained than file habeas petitions. Not all detainees have access to attorneys. Also, not all habeas petitions are successful.

A factor for the 20-year-old Cottage Grove man, Carrillo-Pablo, is his pending criminal case. He has pleaded not guilty in Lane County Circuit Court to charges of first-degree sodomy and two counts of first-degree unlawful sexual penetration, all felonies.

Court rulings have made clear that factors to be considered for a detention to be lawful include the likelihood of flight. A risk to the community may also be considered, though there can be disagreement about what poses a danger and also whether a hearing should be held in immigration court before imposing detention to better consider any safety risks.

John Kolego, an attorney representing Carrillo-Pablo in the criminal case, said he was “upset” at the ICE arrest.

“He was here legally,” Kolego said of Carrillo-Pablo, a migrant from Guatemala. “He has a valid visa here until next year.”

Kolego also said Carrillo-Pablo is presumed innocent until proven otherwise.

“I believe he is innocent of these charges. And it completely violated due process to pick him up,” Kolego said.

Kolego said he is not involved with the habeas petition filed on behalf of Carrillo-Pablo, 

Documents filed in federal court state Carrillo-Pablo “was detained while leaving his home to commute to work,” with “multiple agents, presumably DHS agents” detaining him as he went to enter his vehicle.

While in Guatemala, Carrillo-Pablo “was threatened repeatedly by violent criminal organizations,” the court documents state.

Carrillo-Pablo entered the United States in 2021, applied for asylum in 2023 and was granted a “Special Immigrant Juvenile” petition in 2024, according to documents filed as part of the habeas petition. A state court found him to have been neglected and abandoned by his parents, according to the petition.

The DHS spokesperson’s statement said Carrillo-Pablo “illegally entered the U.S. in 2021 and was RELEASED into the country by the Biden administration.”

“All of his claims will be heard by a Justice Department immigration judge and he will receive full due process,” the spokesperson said.

Kolego also said a client was arrested by ICE July 6 outside the Eugene Municipal Court building. Kolego said the man faced a DUII charge but was eligible for diversion, meaning a program that allows participants to avoid a criminal conviction if they complete certain requirements.

“What it does is it creates fear in the community about attending court,” Kolego said of the arrest. “It undermines the integrity of our local justice system.”

Judge’s remarks

Petitions filed on behalf of the two people detained July 3 in or near Eugene claim ICE officers targeted them solely because of their race and ethnicity. The ICE spokesperson denied the allegation and said the two, from Mexico, were without lawful immigration status. 

Manning, with the Portland-based Innovation Law Lab, referred to “a national deportation campaign that prioritizes aggressive and unlawful tactics.”

“ICE should not be in the business of fleeing from Oregon to escape the court’s jurisdictions,” Manning said.

McShane — before being informed of Carrillo-Pablo’s pending criminal charges — spoke about ICE’s decision in transporting him.

“Certainly nothing would have prevented the ICE officers from waiting a few hours to allow Mr. Pablo to talk to his attorneys,” said McShane, who in a past case gave a blistering critique of ICE after a man was “indiscriminately pulled over.”

Before being informed of Carrillo-Pablo’s pending criminal case, McShane, while acknowledging he could not issue an order given a lack of jurisdiction, asked regardless for a federal attorney to ask ICE officials to “follow the law and return Mr. Pablo to Oregon.” 

Upon being informed by Assistant United States Attorney Andrew Kartchner of Carrillo-Pablo’s pending criminal case, McShane replied, “Then you may not have any obligation to have that conversation” with ICE officials.

Detention and Trump goals

For those with pending immigration cases, “the difference between somebody’s legal case in detention versus being at home in their community is really quite significant,” Kilgren said.

The federal DHS spokesperson said detainees have phone access to attorneys, but Kilgren said clients must pay by the minute for such calls. 

For example, sometimes a form must be signed, and it takes time to send documents in the mail, Kilgren said.

“It takes almost two weeks for me to get my client’s signature back,” Kilgren said, which is a problem when, in immigration court proceedings, “it’s common for people to be given very fast deadlines.”

Shortening the wait for an immigration hearing can mean less time in detention, “but that has the negative consequence of really cutting the time short for individuals to prepare their case,” Kilgren said, adding that slots fill up quickly to have a confidential meeting with a client.

With all of the hurdles, “many attorneys are just not interested or willing” to take on cases of clients in detention “because it is so challenging to have access,” Kilgren said.

Kilgren referred to reports showing how the majority of people in detention are not represented by attorneys, and how they are much more likely to lose their cases if they do not have an attorney.

There’s also the reality of being detained, which Kilgren said contributes to the administration’s goal of boosting deportations.

“The conditions in detention are awful, and many people become very desperate due to depression from being in the facility,” Kilgren said. Rather than continue in the courts for a ruling from an immigration judge, “they decide to abandon their case instead of continuing to fight while being detained.”