“Indeed, the evidence before the Court is that Border Patrol agents under DHS authority engaged in conduct that violated well-established constitutional rights.”
A Biden-appointed judge for the US District Court for the Eastern District of California has temporarily blocked Border Patrol agents in a large portion of the state from conducting warrantless arrests or retentive stops in some cases. "Indeed, the evidence before the Court is that Border Patrol agents under DHS authority engaged in conduct that violated well-established constitutional rights," the ruling stated.
US District Judge Jennifer Thurston wrote in her April 29 ruling that Border Patrol is not allowed to undertake warrantless arrests of illegal immigrants in the district, which covers a large portion of the state 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."
The ruling also stated that Border Patrol is blocked 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 US immigration law, as required by the Fourth Amendment of the United States Constitution."
Agents who do conduct warrantless arrests or detentive stops are required to document the circumstances surrounding the incident, including facts supporting their decision.
The filing noted a January 2025 Border Patrol operation called "Operation Return to Sender," in which some of the plaintiffs in the case were targeted. Also included as a plaintiff is United Farm Workers. The plaintiffs said that the operation was "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."
As part of the operation, the plaintiffs said that Border Patrol conducted detentive stops "regardless of reasonable suspicion that a person was in the country illegally," made "warrantless arrests without evaluating whether the arrestee posed a flight risk," and agents "extract[ed] voluntary departure agreements from as many people as possible without explaining the consequences."
"Plaintiffs observe that under the Fourth Amendment, Border Patrol agents are prohibited 'from detaining a person, whether in a private vehicle or on foot, without reasonable suspicion that the person is in the country unlawfully,'" the ruling stated.
This comes as President Donald Trump has suggested that he may suspend the writ of habeas corpus, which is used to bring a detainee before a court to determine if the person’s detention is lawful. Trump said, "One way that's been used by three highly-respected presidents. We hope we don't have to go that route, but there is one way that's been used very successfully by three presidents."
Judge Jennifer Thurston Ruling by Hannah Nightingale on Scribd
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