Judge Limits California Border Patrol’s Authority: ‘No Approaching People with Brown Skin’

A federal court has issued a preliminary injunction preventing the Border Patrol from conducting warrantless immigration stops across a significant area of California. This ruling stems from a lawsuit filed by the American Civil Liberties Union (ACLU) following a controversial border operation in Kern County, where agents detained numerous day laborers and farm workers.

The court’s order mandates that Border Patrol agents may only stop individuals when there is reasonable suspicion of a violation of U.S. immigration law. Additionally, the ruling prohibits warrantless arrests unless there is probable cause to believe the individual will escape before a warrant can be obtained.

U.S. District Court Judge Jennifer L. Thurston emphasized that racial profiling is unacceptable, stating, “You just can’t walk up to people with brown skin and say, ‘Give me your papers.’” The ACLU’s lawsuit was filed on behalf of United Farm Workers, arguing that the excessive stops infringed on individuals’ Fourth Amendment rights.

While the judge has yet to rule on the case’s full scope, she granted the ACLU’s motion to halt further such operations during the ongoing legal proceedings. Elizabeth Strater, vice president of United Farm Workers, expressed relief, saying, “It’s not legal to snatch people off the street for looking like farm workers or day laborers.”

California Attorney General Rob Bonta echoed these sentiments, affirming that the court’s ruling upholds existing legal protections against discriminatory stops. He remarked, “You can’t just indiscriminately stop people and search them without any appropriate reasonable suspicion or probable cause.”

The injunction applies within the jurisdiction of California’s Eastern District, spanning areas from Redding to Bakersfield. Following the January operation, Chief Patrol Agent Gregory Bovino noted that his agents targeted individuals with criminal and immigration histories. However, subsequent investigations found that charges against 77 out of 78 individuals arrested were unfounded.

The court has required Border Patrol to document every stop and provide detailed reports within 60 days, a demand met with resistance from government attorneys citing potential burdens. Judge Thurston countered, insisting that reporting was essential for accountability.

Accounts from individuals detained during the operations painted a disturbing picture of aggressive tactics employed by agents. Allegations included slashing tires and using derogatory language. The government defended these actions as the behavior of individual agents rather than indicative of agency policy, a claim Judge Thurston rejected, noting the widespread nature of such conduct.

In response to criticism, government attorneys suggested the agency is taking steps to retrain its officers, with assurances that 270 agents have undergone Fourth Amendment training. Yet, Judge Thurston questioned the necessity of additional training when agents are already educated in constitutional law.

The courtroom was marked by tension, particularly when discussing the legality of the operations in Kern County. Judge Thurston probing into the definition of policy raised pointed questions about the government’s operational authority.

Furthermore, the injunction requires proof of training compliance from the El Centro Sector every 30 days following the initial 90-day period. ACLU attorney Bree Bernwanger hailed the ruling as a vital affirmation that law enforcement cannot engage in discriminatory practices based on skin color.

Despite the ruling, the El Centro sector executed another immigration sweep in Pomona last week, an operation that sparked concerns of violating the injunction. Witnesses reported the swift action of agents surrounding a Home Depot parking lot, leading to multiple arrests. Federal officials claimed the operation initially targeted one individual with an outstanding warrant, but critics argue that more were apprehended without just cause.

Testimonies from those detained reveal the fear and uncertainty faced by individuals subjected to such operations. Jesus Domingo Ross, arrested while seeking work, described the panic he felt when faced with immigration enforcement, highlighting the emotional toll on those affected.