A federal judge has blocked the U.S. Border Patrol to arrest illegal immigrants without warrant in part of California, following allegations of unconstitutional detentions during a controversial enforcement operation earlier this year.
U.S. District Judge Jennifer L. Thurston ruled Tuesday that agents may no longer arrest individuals suspected of being in the U.S. illegally without a warrant—unless they can demonstrate a valid reason to believe the individual is likely to flee before a warrant can be secured.
In addition, agents may no longer stop individuals without reasonable suspicion or forcibly remove them from the country under the guise of “voluntary departure” unless the person is informed of their legal rights and explicitly agrees to leave.
These restrictions apply only within California’s Eastern District, where the federal lawsuit originated. The ruling stems from the Border Patrol’s aggressive enforcement campaign in January, dubbed “Operation Return to Sender,” which led to the detainment of dozens of individuals, many of whom were later alleged to be lawfully present or detained without due process.
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