District judge throws up major roadblocks for Border Patrol agents in California

A California federal judge on Tuesday threw up major roadblocks for Border Patrol agents seeking to deport illegal aliens.

U.S. District Judge Jennifer Thurston issued a preliminary injunction prohibiting Customs and Border Protection officers from arresting suspected illegal aliens without a warrant unless agents have reason to believe the suspect might flee before a warrant can be issued.

‘Not on our watch.’

The judge also ruled that officers cannot stop suspected illegal immigrants without reasonable suspicion. Additionally, Border Patrol is barred from deporting an individual via “voluntary departure” unless the suspect is first informed of his or her rights and agrees to leave the country.

Thurston’s orders apply only to federal agents in the Eastern District of California.

She wrote that the Border Patrol officers “engaged in conduct that violated well-established constitutional rights.”

Thurston demanded that the agency provide reports detailing who has been detained or arrested without warrants and why. Under her direction, the Border Patrol is required to submit these reports every 60 days until the lawsuit concludes.

The judge’s ruling follows the Border Patrol’s January “Operation Return to Sender,” which resulted in the arrest of dozens of suspected illegal aliens. The operation aimed to target individuals with serious criminal records.

The American Civil Liberties Union filed a lawsuit in response to the operation, arguing that federal immigration agents violated individuals’ constitutional rights with its “stop-and-arrest practices.”

According to the nonprofit, federal immigration agents rounded up day laborers and farm workers, regardless of their immigration status.

The ACLU issued a press release Tuesday celebrating the preliminary injunction victory.

Bree Bernwanger, senior staff attorney at the ACLU Foundation of Northern California, stated, “Today’s order affirms the dignity and constitutional rights of all people.”

“Border Patrol must end their illegal stop and arrest practices now,” Bernwanger added.

Teresa Romero, president of United Farm Workers, said, “This order rightfully upholds the law. Border Patrol can’t just wade into communities snatching up hardworking people without due process, just for being brown and working class.”

“We will continue to fight together for the civil rights of every farm worker and every immigrant community,” Romero continued. “This agency and this administration will not keep terrorizing our union members, our coworkers or our neighbors unchecked. Not on our watch.”

Meanwhile, the Border Patrol claims that Thurston lacks the jurisdiction to oversee the case. Additionally, the agency stated that it has already issued new guidance and training “detailing exactly when people may be stopped or arrested without warrants, and what rights detainees have after their arrest.”

The Department of Homeland Security and CBP did not respond to the New York Times’ request for comment.

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