Monday, 09 June 2025

RIDICULOUS: California Judge Rules Border Patrol Cannot Arrest Illegals Without A WARRANT!

100 Percent Fed Up
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On Tuesday, a federal judge in California ruled that Border Patrol agents cannot arrest any alleged illegal immigrants unless they have a warrant.

Judge Jennifer Thurston, a Biden appointee, issued the ruling.

As part of the order, she also says that Border Patrol can’t stop illegal aliens without “reasonable suspicion” or deport them via “voluntary departure” unless they are informed of their rights and agree to leave.

This is so absurd. This isn’t the way the law works.

A warrant isn’t even needed to arrest U.S. citizens, for heaven’s sake!

Another reason this ruling is so ridiculous is that federal law explicitly authorizes Border Patrol agents to arrest illegal immigrants without warrants.

Sen. Mike Lee pointed out:

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

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

The ruling was made as part of a lawsuit from the ACLU after Border Patrol arrested dozens of illegal aliens in California’s Central Valley back in January.

Fox News has more details on the ruling:

A California judge on Tuesday demanded Border Patrol agents allow people they think are living in the U.S. illegally to stay in the country, unless authorities have a warrant or reason to believe the person may flee before they can get a warrant.

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, according to a report from The Associated Press.

The decision comes after dozens of people were arrested in January during Border Patrol’s “Operation Return to Sender.”

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.

The Los Angeles Times added:

A federal judge ordered the U.S. Border Patrol to halt illegal stops and warrantless arrests in the Central Valley after agents detained and arrested dozens of farmworkers and laborers — including a U.S. citizen — this year.

The days-long raid around Bakersfield sparked outrage after video circulated of agents slashing the tires of a gardener who was a citizen on his way to work, and raised fears those tactics could become the new norm in the largely agricultural area.

Judge Jennifer Thurston of the U.S. District Court for the Eastern District of California said in an 88-page order that evidence presented by ACLU lawyers established “a pattern and practice” at the Border Patrol of violating people’s constitutional rights when detaining people without reasonable suspicion, and then violating federal law by executing warrantless arrests without determining flight risk.

“The evidence before the Court is that Border Patrol agents under DHS authority engaged in conduct that violated well-established constitutional rights,” she wrote.

Thurston’s ruling allows the American Civil Liberties Union to bring a class-action lawsuit against the government for the raids. It also requires the Border Patrol to submit detailed documentation of any stops or warrantless arrests in the Central Valley and show clear guidance and training for agents on the law.

What do you think?

This is a Guest Post from our friends over at WLTReport.

View the original article here.


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