United States District Court Judge Jennifer Thurston, appointed to the U.S. District Court for the Eastern District of California by former President Joe Biden, is blocking Border Patrol Agents across most of California from arresting suspected illegal aliens unless they have a warrant for their arrest.
This week, Thurston issued a preliminary injunction that will prevent Border Patrol agents in California’s eastern district, the largest judicial district in the state, from carrying out arrests of suspected illegal aliens without a warrant and halting such arrests unless agents have a “reasonable suspicion” the suspect is an illegal alien.
“Indeed, the evidence before the Court is that Border Patrol agents under DHS authority engaged in conduct that violated well-established constitutional rights,” Thurston wrote:
Border Patrol is enjoined 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 U.S. immigration law, as required by the Fourth Amendment of the United States Constitution. [Emphasis added]
Border Patrol is enjoined from effecting warrantless arrests in this District 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, as required by 8 U.S.C. § 1357(a)(2). [Emphasis added]
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Border Patrol agents will also be required to hand over “documentation describing Border Patrol’s detentive stops and warrantless arrests within this District” within 60 days of Thurston’s order and every 60 days thereafter.
The United Farm Workers, represented by the American Civil Liberties Union (ACLU), had sued President Donald Trump’s Department of Homeland Security after Border Patrol agents carried out arrests across California of suspected illegal aliens.
The lawsuit claimed that Border Patrol agents conducted “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.”
John Binder is a reporter for Breitbart News. Email him at jbinder@breitbart.com. Follow him on Twitter here.
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