Thursday, 01 May 2025

Border Patrol Agents Cannot Arrest Suspected Illegal Aliens Without Warrant Or Reasonable Suspicion, Judge Rules

100 Percent Fed Up
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A federal district judge in California ruled Border Patrol agents cannot arrest individuals suspected of being in the country illegally without a warrant or reason to believe the person may flee before a warrant can be obtained.

“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,” Fox News reports.

WATCH:

Fox News reports:

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.

“It appears we have yet another judge problem, as U.S. District Judge Jennifer Thurston has issued an order banning Border Patrol from arresting illegal aliens *unless they have a warrant*. Officers routinely arrest—without an arrest warrant—when they acquire probable cause to believe a crime has been committed,” Sen. Mike Lee (R-UT) said.

“8 U.S.C. § 1357 expressly authorizes Border Patrol to make warrantless arrests for immigration violations, particularly if the person is entering the U.S. illegally. I cannot fathom the justification for a judicial order prohibiting the Border Patrol from arresting illegal aliens without a warrant,” he added.

From the Associated Press:

“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.


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