Juanita Avila, a 47-year-old legal permanent resident of the United States, was arrested by Immigration and Customs Enforcement (ICE) agents in Cottage Grove, Oregon, on 5 November, despite having her green card in her pocket. The incident, which occurred in front of her daughter Emely Agustin, has become central to a lawsuit that secured a major victory for immigrants' rights in Oregon.
According to court documents and interviews, masked ICE officers dragged Avila out of her van and pinned her to the pavement as she cried out for her daughter. Emely, then 19, filmed the arrest. The lawsuit challenged ICE's practice of detaining individuals without warrants or probable cause, a tactic advocates say has led to widespread racial profiling and chaotic arrests.
Last month, a federal judge issued a preliminary injunction blocking ICE agents in Oregon from using what lawyers termed 'arrest first, justify later' tactics. The judge described ICE's conduct as 'brutal and violent' and stated that the agency's arrest strategy 'systematically violates federal law and individual constitutional rights'.
Avila, originally from Guatemala, immigrated to the US at age 14 and obtained her green card in 2017. She runs a small shop in Cottage Grove that serves the local immigrant community, offering money transfer services and translation help. She had previously assisted neighbours facing deportation, which she believes drew ICE's attention.
On the morning of her arrest, Avila had been helping a friend retrieve a vehicle left behind after another ICE arrest. She was pulled over by officers in unmarked cars who lacked visible badges, asked her place of birth, and declared her under arrest. When she asked why, she was handcuffed and detained.
