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By Jenna Sundel and Gabe Whisnant
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A federal judge in California scaled back the authority of U.S. Border Patrol agents in her district, barring them from arresting people suspected of being undocumented immigrants without a warrant, unless agents have a reason to believe the person might flee before a warrant can be obtained.
In a ruling issued Tuesday, U.S. District Judge Jennifer L. Thurston said Border Patrol agents must also have reasonable suspicion to stop individuals and cannot coerce them into "voluntary departure" unless the person is informed of their rights and consents to leave.
The ruling only applies to people within the Eastern District of California.
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Why It Matters
Thurston's ruling comes after a January immigration enforcement campaign known as "Operation Return to Sender," during which dozens of individuals—many of whom are farmworkers or day laborers—were detained.
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The American Civil Liberties Union (ACLU) sued Secretary of Homeland Security Kristi Noem and U.S. Border Patrol officials following the raids. ACLU is representing the United Farm Workers union and individuals impacted by the operation.
What To Know
ACLU accused Border Patrol agents of violating the Constitution by detaining individuals who "appeared to be farmworkers or day laborers, regardless of their actual immigration status or individual circumstances."
The detainees were taken to the border and were unable to contact family or attorneys, according to ACLU.
The civil rights organization said detainees were also coerced into signing papers that indicated they waived their right to see an immigration judge and agreed to voluntarily leave the country.
Attorneys representing the U.S. Border Patrol argued that the case was outside of Thurston's jurisdiction and that the lawsuit was moot because the agency has already issued new guidance.
Thurston rejected that argument, saying that the new policy does not mean the lawsuit is moot. She added that the language in the policy is not strong enough to prevent illegal arrests and detentions.
What People Are Saying
Thurston said in her ruling: "The evidence before the Court is that Border Patrol agents under DHS authority engaged in conduct that violated well-established constitutional rights."
Defense attorneys said in an opposition filed April 7: "The equities do not favor granting Plaintiffs' motion because, again, their claims have been resolved. Indeed, the public interest should favor an agency taking prompt, responsive action in light of a complaint against it. This is a favorable result and granting a preliminary injunction despite such actions would provide little incentive for agencies to take prompt, responsive actions in the future."
What Happens Next
Thurston ordered Border Patrol to submit a report showing who has been detained or arrested without a warrant—and why—every 60 days until the lawsuit is concluded.
Reporting by the Associated Press contributed to this story.
Update 4/29/25 3:55 p.m. ET: This story has been updated with additional information and context.
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