A federal court issued a preliminary injunction on Tuesday to prevent the Border Patrol from conducting warrantless immigration stops across a large area of California. This ruling follows an ACLU lawsuit after the El Centro Border Patrol conducted a three-day sweep in Kern County in January, detaining day laborers, farm workers, and others in locations such as a Home Depot parking lot and along highways.
U.S. District Court Judge Jennifer L. Thurston stated, “You just can’t walk up to people with brown skin and say, ‘Give me your papers,’” during a hearing in Fresno. The injunction restricts Border Patrol agents from stopping individuals without reasonable suspicion of immigration law violations and bars warrantless arrests unless there is probable cause that the person may escape before a warrant is obtained.
The ACLU filed the lawsuit on behalf of United Farm Workers, arguing the stops violated the Fourth Amendment. The ruling, which applies to California’s Eastern District from Redding to Bakersfield, requires Border Patrol to document every stop and provide reports within 60 days. According to CalMatters, a previous sweep led by Chief Patrol Agent Gregory Bovino resulted in the arrest of 78 people, 77 of whom had no criminal or immigration history.
The court also ordered retraining for El Centro Sector agents on the Fourth Amendment. Despite government claims of retraining efforts, Judge Thurston questioned the necessity of guidance since agents are trained on the Constitution in the academy. The judge’s ruling allows the ACLU to pursue a class-action lawsuit against the government for the January raids, which sparked outrage due to the treatment of individuals, including a U.S. citizen.
The ruling is seen as a significant step in upholding constitutional rights, with California Attorney General Rob Bonta emphasizing that the judge’s order reflects existing law. The Border Patrol’s actions have been criticized for targeting individuals based on race, as evidenced by a recent raid in Pomona, similar to the Kern County operation.
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