California: Judge seeks to limit arrests of illegal immigrants

A federal judge in California barred Border Patrol agents from arresting immigrants suspected of living in the country illegally unless they have a warrant or a reason to believe the person might flee before the warrant can be obtained.

In that regard, the decision by U.S. District Judge Jennifer L. Thurston rules that Customs and Border Protection (CBP) agents in the Eastern District of California cannot detain illegal immigrants without reasonable suspicion.

In addition, according to the ruling, agents also cannot deport immigrants through "voluntary departure" unless that person is explained his or her rights and agrees to leave.

The ruling, which was obtained by AP, would only apply to people within the Eastern District of California. It comes after dozens of people were detained in January in the immigration enforcement operation known as Operation Return to Sender.

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

The move comes after the American Civil Liberties Union (ACLU) filed a lawsuit against Department of Homeland Security (DHS) Secretary Kristi Noem and Border Patrol officials on behalf of the United Farm Workers and those affected by the raids.

Similarly, it was learned that the Border Patrol would have to file a report showing exactly who is detained or arrested without a warrant and why, every 60 days until the lawsuit is resolved.

In the meantime, CBP said Thurston had no jurisdiction to make the decision. However, it explained that it wouldn't matter if it did because it already issued new guidelines and training for its agents. The agency said it detailed "exactly when people may be stopped or arrested without warrants, and what rights detainees have after their arrest." The agency also said it has issued new guidelines and training for its agents.