Federal Judge Limits Border Patrol Arrests in California

This Tuesday a federal judge in California has imposed new restrictions on how Border Patrol agents conduct immigration enforcement in the state’s Eastern District, U.S. District Judge Jennifer L. Thurston prohibited agents from detaining individuals suspected of being in the country unlawfully unless they possess a warrant or have reason to believe the person may flee before one can be obtained.

The decision also bars agents from stopping individuals without reasonable suspicion and from facilitating “voluntary departures” unless the individual is made aware of their legal rights and consents to leave, The order comes in response to a January enforcement operation in which dozens were detained.

Furthermore the American Civil Liberties Union filed a lawsuit against Department of Homeland Security Secretary Kristi Noem and U.S. Border Patrol officials, representing the United Farm Workers union and several individuals allegedly targeted during recent immigration raids, According to the ACLU, Border Patrol agents unlawfully detained individuals for nearly a week based solely on their appearance, assuming they were farmworkers or day laborers.

Attorneys representing U.S. Border Patrol contended that the federal court lacked the authority to weigh in on the case, citing laws that limit judicial review of immigration actions until after a final ruling by an immigration judge, They further argued that the case no longer warranted court intervention, pointing to recently implemented policies and training materials clarifying when agents can detain individuals without a warrant and outlining the rights of those taken into custody.