Biden-Appointed Judge Blocks Border Patrol from Arresting Suspected Illegal Aliens Without Warrants
A federal judge has issued a sweeping order that bars Border Patrol agents in much of California from arresting individuals suspected of being in the country illegally—unless certain legal conditions are met. Judge Jennifer Thurston of the U.S. District Court for the Eastern District of California, who was appointed by President Joe Biden, handed down the ruling this week, placing sharp limitations on how immigration enforcement is carried out in the region.
Thurston’s preliminary injunction specifically restricts Border Patrol agents in the state’s eastern district—the largest of California’s judicial jurisdictions—from apprehending individuals without a warrant unless they have a solid legal basis to suspect the person is in the U.S. unlawfully.
“Indeed, the evidence before the Court is that Border Patrol agents under DHS authority engaged in conduct that violated well-established constitutional rights,” Thurston wrote.
“Border Patrol is enjoined from conducting detentive stops in this District unless, pre-stop, the detaining agent has reasonable suspicion that the person to be stopped is a noncitizen who is present within the United States in violation of U.S. immigration law, as required by the Fourth Amendment of the United States Constitution.
“Border Patrol is enjoined from effecting warrantless arrests in this District unless, pre-arrest, the arresting agent has probable cause to believe that the noncitizen being arrested is likely to escape before a warrant can be obtained, as required by 8 U.S.C. § 1357(a)(2).”
The court’s decision also mandates new procedural requirements for agents. When Border Patrol arrests someone without a warrant, they will now need to provide a written narrative justifying the stop, clearly outlining the specific facts that led to the agent’s suspicion—formed before the encounter began.
Thurston further ordered that the agency must submit ongoing records of these encounters. Every 60 days, beginning two months from the date of her order, Border Patrol will need to turn over detailed documentation describing all warrantless arrests and detentions made in the district.
This legal battle stems from a lawsuit filed by the United Farm Workers and the American Civil Liberties Union. They brought the case against President Donald Trump’s Department of Homeland Security after a series of arrests in California targeted individuals thought to be undocumented.
The suit alleged that federal agents carried out “a nearly weeklong sweep through predominantly Latino areas of Kern County and the surrounding region to stop, detain, and arrest people of color who appeared to be farm workers or day laborers, regardless of their actual immigration status or individual circumstances.”
{Matzav.com}