Federal Judge Echoes ACLU Talking Points in Immigration Arrest Injunction [WATCH]

U.S. District Judge Jennifer L. Thurston issued a preliminary injunction on Tuesday barring Customs and Border Protection (CBP) agents in California’s Eastern District from making arrests without first obtaining a warrant or proving that a suspect is likely to flee while a warrant is being sought.

The ruling stems from a lawsuit filed in January by the American Civil Liberties Union (ACLU) against the Department of Homeland Security (DHS), naming DHS Secretary Kristi Noem and CBP officials as defendants.

The legal action followed multiple arrests made during “Operation Return to Sender,” an interior immigration enforcement initiative led by Border Patrol agents under the direction of the Trump administration.

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The ACLU alleged that CBP agents engaged in racial profiling and violated the constitutional rights of several individuals by conducting warrantless arrests during the operation.

According to the complaint, the detainees were transported to the U.S.–Mexico border and denied access to legal counsel and family contact.

🚨 JUST IN: U.S. Federal District Judge Jennifer Thurston sends out an order banning Border Patrol from arresting illegal aliens “without warrant” – Fox

Holy shlit. pic.twitter.com/Fwy9NxrO4K

— Eric Daugherty (@EricLDaugh) April 30, 2025

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The ACLU also claimed that some individuals were pressured into signing documents waiving their right to appear before an immigration judge.

In her decision, Judge Thurston wrote that Border Patrol agents “engaged in conduct that violated well-established constitutional rights,” and concluded that the plaintiffs had demonstrated a likelihood of success on the merits of their claims.

She also ordered the agency to submit reports every 60 days identifying individuals arrested without a warrant and the reasons for their detention, until the case is resolved.

During a hearing on Monday, the day before the official ruling was filed, Judge Thurston addressed concerns about potential racial profiling.

“You just can’t walk up to people with brown skin and say, ‘Give me your papers,’” she said during arguments presented by attorneys representing the Trump administration.

The Department of Justice, representing DHS and CBP, argued that Judge Thurston lacked jurisdiction over the matter, citing federal law that limits court intervention in immigration enforcement actions until a final order is issued by an immigration judge.

Government attorneys also argued that CBP had already implemented new guidelines clarifying when agents may detain individuals without a warrant, and that those changes rendered the ACLU’s lawsuit moot.

The Biden-appointed judge rejected those arguments, stating that the revised guidelines did not prevent future violations and did not eliminate the need for court oversight.

U.S. Senator Mike Lee (R-UT) publicly criticized the ruling, citing 8 U.S. Code § 1357, which grants Border Patrol agents authority to make warrantless arrests when they have probable cause to believe an individual has violated immigration law.

“It appears we have yet another judge problem,” Senator Lee wrote on X.

“Officers routinely arrest—without an arrest warrant—when they acquire probable cause to believe a crime has been committed. 8 U.S.C. § 1357 expressly authorizes Border Patrol to make warrantless arrests for immigration violations, particularly if the person is entering the U.S. illegally. I cannot fathom the justification for a judicial order prohibiting the Border Patrol from arresting illegal aliens without a warrant.”

It appears we have yet another judge problem, as U.S. District Judge Jennifer Thurston has issued an order banning Border Patrol from arresting illegal aliens *unless they have a warrant*

Officers routinely arrest—without an arrest warrant—when they acquire probable cause to… https://t.co/YMmt9hWMw7

— Mike Lee (@BasedMikeLee) April 30, 2025