A California judge asked Border Patrol on Tuesday to allow people they believe are living illegally in the United States to stay in the country unless authorities have an arrest warrant or reason to believe that the person can flee before obtaining an arrest warrant.
U.S. District Court Judge Jennifer L. Thurston ruled Tuesday that the agency of the Eastern California Region of Customs and Border Protection (CBP) cannot be deterred from illegal immigration or deported by “voluntary departure” unless the person is interpreted and agreed to their rights and agree to leave.
The decision was filed in January after dozens of people were arrested in the Border Patrol "Operation Return to Sender."
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U.S. District Court Judge Jennifer L. Thurston attempted to prevent CBP agents from illegally arresting illegal U.S. foreigners in the United States unless they have an arrest warrant. (U.S. District Court Immigration and Customs Enforcement in Eastern California)
According to the report, the American Civil Liberties Union (ACLU) filed a lawsuit against Department of Homeland Security (DHS) Secretary Kristi Noem and CBP officials, claiming that within a week, Border Patrol personnel were unconstitutional in custody of the detainees, regardless of their actual immigration status or in fact "personal circumstances."
The ACLU filed a lawsuit against DHS and CBP. (Immigration and Customs Enforcement)
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Detainees were allegedly taken to the border, unable to communicate with family members or legal representatives, and were forced to sign documents saying they gave up their rights to meet an immigration judge and volunteered to leave the United States.
Thurston wrote that the evidence showed that the Border Patrol “engages in violation of constitutional rights.”
The treatment of immigration detainees in and out was carried out at the Krome Service Processing Center in Miami. (Jack Gruber/USA Today)
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The agency will be asked to submit a report showing detention every 60 days, as well as reasoning for both until the lawsuit is resolved.
The CBP claims Thurston has no jurisdiction to make the ruling, but says it doesn't matter whether she does so, as the agency has issued new guidance and training to its agents, "The report details exactly when people can stop or arrest people without an arrest warrant, and the rights that are possessed by rights detainees after arrest."
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Thurston claims that the policy may change again in the future.
The Associated Press contributed to this report.