PORTLAND, OR – A federal lawsuit filed in Portland alleges that Multnomah County sheriff’s deputies unlawfully detained a Guatemalan national, Gerson Fernando Molina-Orantes, for approximately 22 hours after a federal judge ordered his release. The complaint, lodged on Friday, August 29, 2025, contends that the county and 13 unnamed sheriff’s deputies intentionally prolonged Molina-Orantes’ custody to facilitate his transfer into the hands of federal immigration enforcement officials, thereby violating his constitutional rights.
Allegations Detail Prolonged Detention Post-Release Order
The core of the lawsuit centers on events that transpired in April 2025. Molina-Orantes, a 29-year-old Guatemalan man, had been in custody facing charges of illegal reentry into the United States. However, on April 23, 2025, a federal magistrate judge ordered his release. The judge’s decision was based on findings that Molina-Orantes had lived in Beaverton, Oregon, for at least three years, possessed no criminal history, had family ties in the area, and was employed full-time in the construction sector. The ruling also noted a lack of history of physical or mental health issues or substance abuse.
Despite this release order, federal prosecutors sought a review of the decision, arguing that Molina-Orantes posed a significant flight risk. They claimed he served as a “personal driver, bodyguard and employee” for a relative involved in a money laundering case. Nevertheless, on April 24, 2025, a second federal judge concurred that the government had not presented sufficient evidence to warrant his continued detention and reiterated the order for his release.
The lawsuit, however, claims that instead of being freed as mandated, Molina-Orantes was held for an additional 22 hours. According to the legal filing, deputies transported him from the federal courthouse, under restraint including handcuffs and ankle cuffs, to the county’s Inverness Jail in East Portland. He reportedly remained there overnight before being moved to the Multnomah County Justice Center the next day. From the Justice Center, he was subsequently transferred to U.S. Marshals custody and then handed over to federal immigration officials.
Sanctuary Laws and County Policy Under Scrutiny
This legal action brings into sharp focus Multnomah County’s adherence to Oregon’s decades-old sanctuary law, which generally prohibits local law enforcement agencies from using their resources or personnel for federal immigration enforcement purposes. Enacted in 1987, the law aims to foster trust and encourage cooperation from all community members, regardless of immigration status, in reporting crimes and assisting in investigations.
The lawsuit alleges that by holding Molina-Orantes for an extended period after a release order specifically to aid civil immigration enforcement, the county and its deputies acted in contravention of these protective principles and Molina-Orantes’ fundamental rights. The case also raises questions about the operational relationship between Multnomah County and federal agencies like the U.S. Marshals Service, particularly in light of the county’s existing contract to house federal pretrial defendants.
While the Multnomah County Sheriff’s Office (MCSO) currently states on its official website that it does not enforce federal immigration laws, does not honor ICE detainers, and does not use its resources for immigration enforcement, the lawsuit suggests a departure from these policies in this instance. Past news reports and investigations have indicated periods where the MCSO engaged in what was described as “quiet cooperation” with immigration officials, prompting scrutiny and policy clarifications over the years.
Attorneys Demand Accountability, County Silent
MariRuth Petzing, an attorney with the Oregon Law Center representing Molina-Orantes, emphasized the gravity of the alleged actions. “When a judge orders someone released, they should be released,” Petzing stated. “This case addresses basic constitutional protections.” The lawsuit seeks to hold the county and the deputies involved accountable for what is described as an unlawful deprivation of liberty and violation of civil rights.
As of the lawsuit’s filing, neither Multnomah County nor the Sheriff’s Office had issued an immediate public comment regarding the allegations. Molina-Orantes, who is reportedly no longer in federal custody and has returned to Guatemala, seeks redress for the prolonged detention. This case underscores the ongoing legal and ethical complexities surrounding immigration enforcement at the local level within Oregon and across the United States, impacting community trust and the administration of justice.
