Immigration officers in Oregon were forced to release a Venezuelan person seeking asylum just hours after detaining him, following a hearing this week before a federal judge.

The case pits the due process rights of asylum seekers against the Trump administration’s immigration crackdown. It comes days after the U.S. Supreme Court ruled 5-4 that migrants are entitled to due process rights and challenge the use of a wartime immigration law President Trump invoked last month.

Diego Armando Morales Jimenez, 34, reported to the regional U.S. Immigration and Customs Enforcement office in Portland for a check-in on Wednesday morning. He was detained until U.S. District Court Judge Mustafa Kasubhai ordered the agency to not remove him from Oregon. A spokesperson for ICE did not immediately respond to a request for comment.

Under state law, ICE no longer contracts with local jails in the state to hold detainees. The closest detention facility is the 1,500-bed Northwest ICE Processing Center in Tacoma, Washington. By the end of the day, immigration officers released Morales Jimenez. According to court filings by his attorney, Morales Jimenez has no criminal history and has complied with all instructions from immigration authorities since he arrived at the southern border last year.

Last month, President Trump escalated immigration enforcement, proclaiming in an executive order that the Venezuelan-based criminal organization Tren de Aragua was “conducting irregular warfare” against the United States. The order invoked the seldom-used Alien Enemies Act of 1798, which allows the executive to speed deportations, against Venezuelans the administration has accused of being affiliated with the gang.

“[Morales Jimenez] is not and has never been affiliated with Tren de Aragua or any other criminal organization,” the Innovation Law Lab’s Stephen Manning, who is representing Jimenez, wrote in court documents filed this week. Federal immigration officials “have adopted a ‘list’ or blanket policy directing ICE officials to detain certain Venezuelan nationals categorically regardless of the individualized fact or circumstances of the case.”

The executive order proclaims that any Venezuelans over the age of 14 who are members of the gang, and are not actually naturalized or lawful permanent residents of the U.S. “are liable to be apprehended, restrained, secured, and removed.”

While in Venezuela, Morales Jimenez opposed the regime of President Nicolas Maduro. Morales Jimenez was threatened at his home and beaten for participating in “peaceful political protests to support democracy, free elections and free speech,” court records state. He was labeled a “traitor” by Maduro’s regime.

Morales Jimenez arrived at a port of entry near El Paso, Texas, on March 30, 2024, to seek asylum. He was detained and then released, but required to wear an electronic monitoring ankle bracelet.

After he moved to Oregon, Morales Jimenez reported to the local ICE office in Portland, as part of the conditions of his release. In July, he again showed up at ICE’s office to answer questions about where he was born and his tattoos. By October, Morales Jimenez had complied to the point ICE officials removed his ankle monitor. He was then allowed to use an app on his phone that ICE used to track his whereabouts and “would have periodic virtual or telephonic interviews to which he faithfully complied,” according to Manning.

Morales Jimenez formally applied for asylum on Feb. 12, 2025, with his first appearance in Portland Immigration Court set for June 2026.

Currently, Morales Jimenez lives in Portland with his wife, who is six months pregnant. According to Manning’s filing, Morales Jimenez is concerned about his wife’s health because the last time they tried to have children, their infant twins died shortly after birth. “[Morales Jimenez] still grieves the loss of his twins, and one of his tattoos is in memory of them.”

Oregon’s sanctuary law

Oregon is the oldest sanctuary state in the country. Since 1987, state law has blocked local and state resources from enforcing federal immigration law. Since Trump was first elected in 2016, Oregonians have voted to keep the law in place and state lawmakers have strengthened it. It now blocks local jails from contracting with ICE to hold immigration detainees. Oregon also funds programs that help immigrants access legal assistance, health care and housing. After Trump was reelected last year, grassroots organizers turned toward building out a rapid response network for those targeted by federal immigration officials.

Natalie Lerner, with the Asylum Seeker Solidarity Collective, met Morales Jimenez after he arrived in Portland, and helped him get settled. Lerner said he called her Monday afternoon, after immigration officers asked that he report to the Portland ICE office. Lerner said she was able to relay the message to colleagues with the Equity Corp of Oregon who helped arrange for an immigration attorney to go along. Lerner was part of a small group who went to support Morales Jimenez on Wednesday morning when he reported to ICE.

“He called me 36 hours before the appointment and I think that made all the difference,” Lerner said. “This is part of how our legal systems are supposed to work.”

During the appointment Morales Jimenez was detained, but ended up being released after Wednesday’s emergency hearing before Judge Kasubhai.

More arguments are expected Friday in federal court. Among other things, his attorneys could argue the U.S. Constitution grants noncitizens due process during immigration proceedings.

News Source : https://www.opb.org/article/2025/04/11/asylum-due-process-immigration-oregon/