Immigration officers in Oregon were compelled to release a Venezuelan man seeking asylum just hours after his detention, following a recent federal court hearing. This case highlights the clash between the due process rights of asylum seekers and the Trump administration’s immigration policies. The situation unfolds shortly after the U.S. Supreme Court ruled 5-4 that migrants are entitled to due process and can challenge the wartime immigration law invoked by President Trump last month.
During the hearing on Friday, government attorney Benjamin T. Hickman stated that ICE agreed not to detain Diego Armando Morales Jimenez for the next 30 days. Currently, Judge Mustafa Kasubhai’s order prohibiting his removal from Oregon remains in place, with another hearing set for early May. Morales Jimenez, 34, reported to the U.S. Immigration and Customs Enforcement (ICE) office in Portland on Wednesday morning and was detained until the judge intervened. An ICE spokesperson declined to comment due to ongoing litigation.
At the hearing, Hickman revealed that Morales Jimenez had been summoned to the Portland ICE office as part of an investigation into alleged ties to the Venezuelan gang Tren de Aragua. Although Morales Jimenez previously resided in Maracay, Venezuela, he has consistently asserted that he has no connections to the gang. The judge questioned whether ICE intended to employ the Alien Enemies Act of 1798 to remove Morales Jimenez, as his attorneys argue that the U.S. Constitution guarantees due process to noncitizens during immigration proceedings.
Last month, President Trump heightened immigration enforcement, claiming that the Tren de Aragua gang was engaging in “irregular warfare” against the United States. This executive order utilized the rarely invoked Alien Enemies Act, allowing expedited deportations of Venezuelans accused of affiliations with the gang.
Attorney Stephen Manning, representing Morales Jimenez, contended in court documents that federal immigration officials have implemented a blanket policy instructing ICE agents to categorically detain certain Venezuelan nationals without considering individual circumstances. Under the executive order, any Venezuelans over 14 years old associated with the gang, who are not naturalized or lawful permanent residents, are subject to apprehension and removal.
Morales Jimenez has faced threats and violence in Venezuela for opposing President Nicolas Maduro’s regime, having been labeled a “traitor” for his participation in peaceful protests advocating for democracy and free speech. He arrived at a port of entry near El Paso, Texas, on March 30, 2024, to seek asylum, was briefly detained, and then released with an electronic monitoring ankle bracelet. After relocating to Oregon, he complied with the conditions of his release by reporting to the local ICE office in Portland.
On July 23, 2024, Morales Jimenez was questioned by the FBI and ICE about his alleged gang affiliation, during which agents showed him photographs of individuals in an attempt to connect him to the gang. Morales Jimenez’s tattoos are tributes to his children, including a design honoring his twins who passed away during childbirth. By October, he had sufficiently complied with ICE requirements to have his ankle monitor removed and was permitted to use an app for tracking his location, agreeing to periodic virtual check-ins.
He formally applied for asylum on February 12, 2025, with his first immigration court appearance scheduled for June 2026. Currently, Morales Jimenez resides in Portland with his wife, who is six months pregnant. He has expressed concern for her health, especially given their previous loss of twins. His attorney’s court filings indicate that Morales Jimenez has adhered to all immigration directives since arriving at the border last year.
Oregon, known as the oldest sanctuary state, has laws in place since 1987 that prevent local and state resources from enforcing federal immigration policies. The state has consistently upheld these laws, strengthening protections against ICE contracts and funding programs to assist immigrants with legal aid, healthcare, and housing. Following Trump’s reelection, grassroots organizers have been working to establish rapid response networks to assist those targeted by federal immigration enforcement.
