A federal judge in Fresno has barred Border Patrol from stopping people between Bakersfield and Oregon if there is not reasonable suspicion.
U.S. District Judge Jennifer Thurston ruled in her order that there was evidence that U.S. Customs and Border Protection stopped people without reasonable suspicion during immigration sweeps in Kern County.
The backstory: Border Patrol conducted raids in the Central Valley earlier this year, with dozens of people taken into custody after a three-day sweep in Kern County in January. The sweep was part of “Operation Return to Sender.”
- The American Civil Liberties Union filed a lawsuit against Homeland Security Secretary Kristi Noem and Border Patrol officials following the raids. The lawsuit was filed on behalf of United Farm Workers.
The big picture: Under Thurston’s order, Border Patrol can no longer carry out warrantless arrests unless they have probable cause that a suspect will likely escape before a warrant can be obtained.
- The lawsuit argued that the immigration raids violated the Fourth Amendment. Thurston’s ruling is a preliminary injunction to temporarily halt similar operations while the case is dealt with in court.
- Thurston ruled that people cannot be returned to their country of origin through a “voluntary departure” unless they are informed of their rights and agree to leave the U.S.
- Border Patrol argued in the lawsuit that Thurston lacked jurisdiction to consider the case and that the lawsuit is moot because the federal government issued new guidance and training to its immigration agents.
- Thurston ruled that Border Patrol’s new policy language is not strong enough to stop illegal raids.
What they’re saying: “Border Patrol can’t just wade into communities snatching up hardworking people without due process, just for being brown and working class,” said UFW President Teresa Romero. “We will continue to fight together for the civil rights of every farm worker and every immigrant community. This agency and this administration will not keep terrorizing our union members, our coworkers or our neighbors unchecked. Not on our watch.”
