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A California judge has issued a landmark ruling requiring Border Patrol agents to adhere to constitutional standards when detaining individuals suspected of living in the U.S. illegally. U.S. District Judge JENNIFER L. THURSTON declared on Tuesday that agents in the Eastern District of California must obtain a warrant or demonstrate reasonable suspicion before detaining or deporting individuals, unless there is evidence the person may flee before a warrant can be secured.
The decision, reported by The Associated Press, follows a lawsuit filed by the American Civil Liberties Union (ACLU) against Department of Homeland Security (DHS) Secretary KRISTI NOEM and Customs and Border Protection (CBP) officials. The ACLU alleged that Border Patrol agents unlawfully detained individuals, particularly those resembling farmworkers, without regard to their actual immigration status or individual circumstances.
Judge THURSTON found that Border Patrol agents engaged in conduct that violated well-established constitutional rights. The ruling stems from Operation Return to Sender, a January operation that led to the arrest of dozens of individuals. Detainees were reportedly transported by bus to the border, held without access to family or legal representation, and coerced into signing documents waiving their right to appear before an immigration judge.
As part of the ruling, CBP is required to submit detailed reports every 60 days, outlining who is being held, the reasons for their detention, and the status of arrests until the lawsuit is resolved. CBP argued that Judge THURSTON lacked jurisdiction but stated that the agency had already implemented new guidance and training for agents regarding warrantless stops and detainee rights.
Judge THURSTON expressed concerns that the policy could be altered in the future, emphasizing the need for consistent adherence to constitutional protections.
For more details, visit The Associated Press.
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