Latest news with #JenniferL.Thurston
Fox News
30-04-2025
- Politics
- Fox News
Blue state judge attempts to stop Border Patrol from arresting suspected illegal immigrants without warrant
A California judge on Tuesday demanded Border Patrol agents allow people they think are living in the U.S. illegally to stay in the country, unless authorities have a warrant or reason to believe the person may flee before they can get a warrant. U.S. District Judge Jennifer L. Thurston ruled on Tuesday that Customs and Border Protection (CBP) agents in the Eastern District of California cannot stop illegal immigrants without reasonable suspicion, or deport them via "voluntary departure," unless that person is explained their rights and agrees to leave, according to a report from The Associated Press. The decision comes after dozens of people were arrested in January during Border Patrol's "Operation Return to Sender." The American Civil Liberties Union (ACLU) filed a lawsuit against Department of Homeland Security (DHS) Secretary Kristi Noem and CBP officials, claiming Border Patrol agents unconstitutionally detained people who looked like farmworkers, regardless of their actual immigration status or "individual circumstances," over the span of a week, according to the report. Detainees were allegedly taken by bus to the border, held without being able to communicate with family or legal representation, and forced to sign documents that stated they waived their right to see an immigration judge and voluntarily agreed to leave the U.S., the ACLU said. Thurston wrote that the evidence showed Border Patrol agents "engaged in conduct that violated well-established constitutional rights," The AP reported. The agency will be required to submit a report showing who is being held and who was arrested, along with the reasoning for both, every 60 days until the lawsuit is resolved. CBP claimed Thurston did not have jurisdiction to make the ruling, but said it wouldn't matter if she did because the agency had already issued new guidance and training to its agents, "detailing exactly when people may be stopped or arrested without warrants, and what rights detainees have after their arrest," according to the report. Thurston alleged the policy could be changed again in the future.
New York Times
30-04-2025
- Politics
- New York Times
Judge Temporarily Blocks Border Patrol's Stop-and-Arrest Tactics in California
In January, Border Patrol agents conducted sweeps through immigrant communities in California's Central Valley, arresting nearly 80 individuals the agency said were unlawfully present in the United States. Officials said the operation, named 'Return to Sender,' was intended to target undocumented immigrants with serious criminal backgrounds. But lawyers for those arrested argued that the agents had simply rounded up people who appeared to be day laborers and farm workers, regardless of their actual immigration status, without having a legally sound reason to suspect they were in the country illegally. On Tuesday, a federal judge in California issued a preliminary injunction barring Border Patrol agents from stopping individuals without having a reasonable suspicion of illegal presence, as required by the Fourth Amendment. The judge also blocked agents from making warrantless arrests unless they have probable cause to believe the person is likely to flee before a warrant can be obtained. The Trump administration has adopted increasingly aggressive tactics in pursuit of its goal of mass deportations, but has faced pushback from the judiciary. The California ruling marks the latest attempt by courts to rein in enforcement actions that appear to conflict with long-established constitutional and legal protections. Judge Jennifer L. Thurston of the U.S. District Court for the Eastern District of California noted in her ruling that the government did not 'dispute or rebut' the 'significant anecdotal evidence' from the plaintiffs regarding Border Patrol's stop-and-arrest practices. The preliminary injunction, which applies to the federal district where the sweeps occurred, will remain in place as the case precedes. A scheduling conference is planned for early June. The Department of Homeland Security and Customs and Border Protection did not immediately respond to a request for comment. Representatives for the plaintiffs praised the decision. 'You cannot stop people based on how they look,' said Elizabeth Strater, a national vice president of United Farm Workers, a labor union. 'This ruling upholds the basic standards of law in the country.' The Border Patrol operation, carried out in Kern County, which includes Bakersfield, Calif., targeted areas heavily reliant on immigrant labor for agriculture. Agents monitored places including a Home Depot and gas stations frequented by undocumented people. Gregory K. Bovino, a Border Patrol chief in Southern California, described the operation at the time as an 'overwhelming success.' He said in a series of social media posts that it had resulted in the arrests of 78 people who were in the country illegally, including a handful with 'serious criminal histories.' Advocates for farmworkers, however, said that many of those detained had no criminal records and that the raids had terrorized immigrant communities. In February, lawyers for the American Civil Liberties Union filed a lawsuit against the federal government on behalf of United Farm Workers and five Kern County residents, claiming that Border Patrol agents stopped and arrested individuals regardless of their immigration status or individual circumstances. The order granting the preliminary injunction cited public data from Border Patrol stating that of the 78 people arrested during the operation, 77 did not have a criminal or immigration history that was known before their arrest.
Yahoo
29-04-2025
- Yahoo
UFW granted preliminary injunction limiting Border Patrol on warrantless arrests, stops
BAKERSFIELD, Calif. (KGET) — United Farm Workers has been granted a preliminary injunction barring U.S. Border Patrol from making stops and arrests in the Eastern District of California — including Kern County — unless certain conditions are met. Under Tuesday's order, Border Patrol agents can't stop people unless there's probable cause they're noncitizens in violation of U.S. immigration law, and they can't make warrantless arrests unless there's probable cause to believe the person will likely escape before one is obtained. 'This order rightfully upholds the law,' Teresa Romero, president of UFW, said in a release. 'Border Patrol can't just wade into communities snatching up hardworking people without due process, just for being brown and working class.' The order issued by U.S. District Judge Jennifer L. Thurston comes after UFW sued over a three-day Border Patrol operation conducted in January called 'Operation Return to Sender.' It was designed to stop, detain and arrest people of color in and near Kern County who appeared to be farmworkers or day laborers, regardless of their immigration status, according to the complaint. A spokesperson for the Department of Homeland Security has previously told 17 News, 'Businesses that human traffic and exploit migrants for cheap labor should be afraid — we will go after them. As for law-abiding companies, the media is intentionally manufacturing fear.' The next hearing in the case is set for June. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
29-04-2025
- Politics
- Yahoo
US judge bars Border Patrol from some warrantless arrests of suspected undocumented residents
A federal judge in California has barred Border Patrol agents from arresting someone suspected of living in the U.S. illegally unless they have a warrant or a reason to believe the person might flee before a warrant can be obtained. Tuesday's ruling from U.S. District Judge Jennifer L. Thurston also says Border Patrol agents can't stop people without having reasonable suspicion or return them to their countries of origin via 'voluntary departure' unless that person is informed of their rights and agrees to leave. The ruling only applies to people within the court's Eastern District of California, Thurston said, where dozens of people were swept up in January after the Border Patrol launched an immigration enforcement action dubbed 'Operation Return to Sender." The American Civil Liberties Union sued Department of Homeland Security Secretary Kristi Noem and U.S. Border Patrol officials on behalf of the labor union United Farm Workers and people who were targeted during the Border Patrol raids. The ACLU said border patrol agents spent nearly a week unconstitutionally detaining people who 'appeared to be farmworkers or day laborers, regardless of their actual immigration status or individual circumstances.' The detainees were bussed to the border, held without any way to contact family or attorneys, and coerced into signing papers that said they had waived their right to see an immigration judge and voluntarily agreed to leave the country, the ACLU said. 'The evidence before the Court is that Border Patrol agents under DHS authority engaged in conduct that violated well-established constitutional rights,' Thurston wrote. She said the Border Patrol would have to provide a report showing exactly who is detained or arrested without warrants, and why, every 60 days until the lawsuit is concluded. Attorneys for the Border Patrol had argued the judge lacked jurisdiction to consider the case, because federal law says that immigration matters can generally only be appealed once an immigration judge has issued a final order. Besides, the government's attorneys said, the lawsuit is moot because the U.S. Border Patrol has already issued new guidance and training to its agents detailing exactly when people may be stopped or arrested without warrants, and what rights detainees have after their arrest. But Thurston said the Border Patrol can't claim the lawsuit is moot simply because it issued a new policy after it was sued. The language in the new policy isn't strong enough to guard against the illegal stops, Thurston said, and there is no reason to believe that the policy wouldn't be changed again in the future. ___
Toronto Star
29-04-2025
- Toronto Star
US judge bars Border Patrol from some warrantless arrests of suspected undocumented residents
A federal judge in California has barred Border Patrol agents from arresting someone suspected of living in the U.S. illegally unless they have a warrant or a reason to believe the person might flee before a warrant can be obtained. Tuesday's ruling from U.S. District Judge Jennifer L. Thurston also says Border Patrol agents can't stop people without having reasonable suspicion or return them to their countries of origin via 'voluntary departure' unless that person is informed of their rights and agrees to leave. The ruling only applies to people within the court's Eastern District of California, Thurston said, where dozens of people were swept up in January after the Border Patrol launched an immigration enforcement action dubbed 'Operation Return to Sender.'
