A federal judge in California has restricted Border Patrol's power to arrest individuals suspected of being undocumented. The ruling mandates that agents must possess either a warrant or reasonable suspicion the individual may flee before a warrant is obtainable. This decision followed widespread criticism after Operation Return to Sender led to unconstitutional detentions of individuals, particularly farmworkers. The ACLU's suit highlighted serious violations of individual rights during the Border Patrol’s immigration actions, underscoring the need for transparency in detentions and arrests.
"The evidence before the Court is that Border Patrol agents under DHS authority engaged in conduct that violated well-established constitutional rights," Thurston wrote, emphasizing the need for strict adherence to legal protocols.
"Border Patrol agents can't stop people without having reasonable suspicion or return them to their countries of origin via 'voluntary departure' unless that person is informed of their rights and agrees to leave," indicating stricter operational guidelines.
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