In a controversial move, a California judge has issued a ruling that could potentially hinder the efforts of border agents in apprehending illegal immigrants.
U.S. District Judge Jennifer L. Thurston has imposed an injunction that prevents Customs and Border Protection (CBP) agents in the Eastern District of California from detaining illegal immigrants without a warrant or without demonstrating that the individual is likely to flee before a warrant can be obtained.
According to Fox News, this ruling was made following the arrest of several individuals in January during Border Patrols Operation Return to Sender, a successful initiative under the Trump administration aimed at removing illegal aliens from the interior and securing the southern border.
The American Civil Liberties Union (ACLU), a left-leaning organization, initiated a lawsuit in defense of the illegal immigrants. The ACLU alleged in their suit against the Department of Homeland Security (DHS) Secretary Kristi Noem and CBP officials that Border Patrol agents used racial profiling to 'unconstitutionally' detain individuals over a week-long period.
The ACLU further claimed that those detained by immigration authorities were transported by bus to the border and held without the ability to communicate with family or legal representation. They also alleged that these individuals were coerced into signing documents waiving their right to see an immigration judge and voluntarily agreeing to leave the United States.
Judge Thurston, a Biden nominee, sided with the ACLU in her ruling. She stated that the Border Patrol engaged in conduct that violated well-established constitutional rights. Furthermore, Thurston ordered the Border Patrol to submit a report every 60 days detailing who is being held and who was arrested without warrants, along with the reasoning for both, until the lawsuit is resolved.
In a heated exchange with Trump administration attorneys, Thurston also invoked the issue of racial profiling. You just cant walk up to people with brown skin and say, Give me your papers,' she stated.
However, attorneys for the Border Patrol argued that Thurston did not have jurisdiction to consider the case because federal law stipulates that immigration issues can generally only be appealed once an immigration judge has issued a final order. They also contended that the lawsuit was moot because the U.S. Border Patrol has already issued guidance detailing exactly when people may be stopped or arrested without warrants, and what rights detainees have after their arrest.
U.S Senator Mike Lee (R-UT) concurred with the attorneys, criticizing the ruling and highlighting the critical law which authorizes warrantless detainment of illegal immigrants. He stated, "Officers routinely arrestwithout an arrest warrantwhen 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."
Despite these arguments, Thurston dismissed them, asserting that the new language in the policy wont guard against so-called illegal stops. She also suggested that the policy could be changed again in the future. This ruling raises questions about the balance between upholding constitutional rights and maintaining national security, and its implications for future immigration enforcement remain to be seen.
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