A federal judge in California issued a preliminary injunction Tuesday requiring the Border Patrol to honor laws regarding reasonable suspicion and probable cause in the wake of a January operation that saw agents make scores of warrantless arrests in and around Bakersfield. Several media outlets reported on the judge’s order:
- The Recorder reported that U.S. District Judge Jennifer Thurston of the U.S. District Court for the Eastern District of California also granted provisional class action status for people in the district stopped by Border Patrol agents without reason for suspicion or arrested without a warrant against them. Read the full article (paywall).
- The Fresno Bee’s report quoted the judge’s comments from Monday’s hearing in Fresno: “You can’t just walk up to people with brown skin and say, ‘Give me your papers.’” The newspaper also quoted Keker partner Franco Muzzio, who argued that “a court order ensures compliance.” Read the full article.
- CalMatters reported that the court also ordered the Border Patrol to document every stop and provide reports within 60 days. According to CalMatters, Border Patrol had no criminal or immigration history for 77 of the 78 people it arrested in the January sweep in Kern County. Read the full article.
- The order found that the evidence of practices used by the Border Patrol and the "seeming position of the government that Border Patrol agents are not currently trained on their obligations under the Fourth Amendment" demonstrate imminent, irreparable harm. Read the full order.
The order came as part of a lawsuit filed in February by the United Farm Workers union and five individuals against Department of Homeland Security Secretary Kristi Noem and officials from the U.S. Border Patrol. The plaintiffs are represented by attorneys from Keker and ACLU foundations in California. Plaintiffs contend detainees were denied due process and coerced into voluntary departure from the country. At least 40 long-term residents of Kern County are now stranded in Mexico, separated from their families.
The district’s residents “are entitled to live their lives without fear that federal agents will indiscriminately assault and arrest them based on the color of their skin or their perceived occupation,” said Muzzio said in a statement.
Twelve attorneys were appointed as class counsel, including Muzzio, Ajay Krishnan, Zainab Ramahi, and Julia Greenberg of Keker, and eight attorneys with ACLU.
The order was also covered by the Associated Press, Newsweek, The New York Times, Los Angeles Times, San Francisco Chronicle, Bloomberg Law, and ABC and NBC affiliates.