Judge orders Border Patrol to stop illegally in Central Valley, after being arrested in attack

A federal judge ordered an illegal stop and unauthorized arrest in the Central Valley after detaining and arresting dozens of farm workers and workers, including U.S. citizens, earlier this year.

Bakersfield’s long days aroused anger as the videotapes were spreading with agents cutting tires of a gardener, a citizen on his way to work and raised concerns that tactics could become a new norm in the agricultural field.

Jennifer Thurston, U.S. District Court for Eastern California, said in an 88-page order that evidence provided by attorneys from the ACLU established “models and practices” that violated people’s constitutional rights without reasonable doubt. Then violate federal law by enforcing unsecured arrests without determining flight risks.

“The evidence from the court is that the Border Patrol under the Department of Homeland Security Administration violated constitutional rights,” she wrote.

Thurston's ruling allows the American Civil Liberties Civil Liberties Civil Liberties Civil Liberties Civil Liberties Civil Liberties Civil Liberties Civil Liberties Civil Liberties Union (ACLU) to file a class action lawsuit against the government. It also requires the Border Patrol to submit detailed documents of any docking or no authority to arrest in the Central Valley and to show clear guidance and training to agents in law.

"This sends a strong message that attacks on the Border Patrol were illegal in and around Kern County," said Bree Bernwanger, an attorney for the Northern California ACLU Foundation. "You can't be pulled away and caught in the streets because of the color of the skin. The Border Patrol will be held accountable for these practices and violations of people's rights."

Government lawyers did not object to the accounts of individuals arrested and detained in the raid during a court hearing on Monday, but asked the court to revoke the case, saying it lacked jurisdiction and believed that the raid did not constitute systemic conduct.

"These are different examples," Justice Department's attorney Olga Y. Kuchins said in court.

But a skeptical Thurston asked for evidence, a pointed tip back and forth during the hearing.

"No model or practice was established in two days," she said. This was the behavior of some agents.

Thurston then asked about the basis of this discovery. Kuchins said she didn't.

Thurston concluded at the end of the argument: “I am bound by the evidence.”

The enforcement action in early January involved about 60 agents from the El Centro unit in the Imperial Valley near the U.S.-Mexico border.

For the "return to the sender's action," agents headed to Bakersfield, and the ACLU argued that they targeted brown-skinned residents traveling along Highway 99, at a local filling station and a Home Depot, and stopped them without determining the possible cause.

At the time, U.S. border agents said the operation was designed to dismantle transnational criminal organizations. U.S. Border Patrol chief agent Gregory K. Bovino posted on social media that agents detained two child rapists and "other criminals" and retrieved 36 pounds of narcotics.

But Calmatters later reported that data from the agency showed that 77 of the 78 arrested had no prior knowledge of crime or immigration history.

Wilder Munguia Esquivel was arrested at Home Depot, according to court documents. When 10 unknown agents in unidentified masks actively flocked to him, he gathered there and began asking if they had papers and ID cards, he was standing outside the store. Esquivel has an open petition and lives with his family (U.S. citizen).

As he remained silent and walked away, an agent ordered him to turn around and put in handcuffs and then pulled his purse out of his back pocket. He was arrested and sent to detention near the border and was released three days later.

After the lawsuit was filed, the Border Patrol issued a notice to its agents on how to sentence the unauthorized arrest and determine itself as an agent during the arrest. But the ACLU believes that the policy is not enough to prevent them from repeating the same behavior.

Last week, the U.S. Customs and Border Protection conducted a raid at a Home Depot in Pomona, where officials said 10 people were arrested by agents who arrived at unmarked vehicles.