Introduction to the Case
A federal judge ordered the U.S. Border Patrol to halt illegal stops and warrantless arrests in the Central Valley after agents detained and arrested dozens of farmworkers and laborers — including a U.S. citizen — this year. The days-long raid around Bakersfield sparked outrage after video circulated of agents slashing the tires of a gardener who was a citizen on his way to work, and raised fears those tactics could become the new norm in the largely agricultural area.
Background of the Raid
Judge Jennifer Thurston of the U.S. District Court for the Eastern District of California said in an 88-page order that evidence presented by ACLU lawyers established “a pattern and practice” at the Border Patrol of violating people’s constitutional rights when detaining people without reasonable suspicion, and then violating federal law by executing warrantless arrests without determining flight risk. “The evidence before the Court is that Border Patrol agents under DHS authority engaged in conduct that violated well-established constitutional rights,” she wrote.
Details of the Ruling
Thurston’s ruling allows the American Civil Liberties Union to bring a class-action lawsuit against the government for the raids. It also requires the Border Patrol to submit detailed documentation of any stops or warrantless arrests in the Central Valley and show clear guidance and training for agents on the law. “This sends a powerful message that the raids Border Patrol conducted in and around Kern County in January were illegal,” said Bree Bernwanger, an attorney at ACLU Foundation of Northern California. “You cannot be pulled over and grabbed on the street because of the color of your skin. Border Patrol is going to be held accountable for those practices and for violating people’s rights.”
The Government’s Response
Government lawyers in a court hearing Monday did not dispute the accounts of individuals arrested and detained in the raid, but had asked the court to throw out the case, saying it lacked jurisdiction and argued the raid did not constitute systemic behavior. “Those are disparate examples,” Olga Y. Kuchins, an attorney with the Department of Justice, argued before the court. But a skeptical Thurston asked for evidence to prove that, in a pointed back and forth during the hearing.
The Raid’s Impact
The early January enforcement actions involved about 60 agents from the El Centro Sector, based in the Imperial Valley near the U.S.-Mexican border. For Operation Return to Sender, agents traveled about 300 miles to Bakersfield, where the ACLU argues they targeted brown-skinned residents driving along Highway 99 and at filling stations and a Home Depot, stopping them without establishing probable cause. At the time, border agents said the operation was aimed at dismantling transnational criminal organizations. The sector’s chief patrol agent, Gregory K. Bovino, posted on social media that agents detained two child rapists and other criminals and retrieved 36 pounds of narcotics.
Personal Stories of Detention
Wilder Munguia Esquivel was arrested at Home Depot, according to court documents. He was standing outside the store when 10 unidentified agents in masks aggressively swarmed the day laborers gathered there and began to ask whether they had papers and identifications. Esquivel had a pending immigration petition and lived with his family, who are U.S. citizens. When he stayed silent and walked away, an agent ordered him to turn around and handcuffed him, then yanked his wallet from his back pocket. He was arrested and sent to detention near the border, before being released three days later.
Recent Developments
After the lawsuit was filed, Border Patrol issued notice to their agents about how to make a warrantless arrest and identify themselves as agents during arrests. But the ACLU argued the policy was not enough to prevent them from repeating the same behavior. Last week, U.S. Customs and Border Protection executed a raid at a Home Depot in Pomona, where officials say 10 people were arrested by agents who arrived in unmarked vehicles.
Conclusion
The ruling by Judge Thurston marks a significant step towards holding the Border Patrol accountable for their actions in the Central Valley. The ACLU’s class-action lawsuit will continue to shed light on the practices of the Border Patrol and push for reforms to protect the constitutional rights of individuals in the area. As the situation continues to unfold, it is essential to remember the personal stories of those affected by the raids and the importance of upholding the law and protecting human rights.
FAQs
- Q: What was the outcome of the court case against the U.S. Border Patrol?
A: The court ruled in favor of the ACLU, allowing them to bring a class-action lawsuit against the government for the raids and requiring the Border Patrol to submit detailed documentation of any stops or warrantless arrests in the Central Valley. - Q: What were the circumstances surrounding the arrest of Wilder Munguia Esquivel?
A: Esquivel was arrested at Home Depot by 10 unidentified agents in masks who aggressively swarmed the day laborers gathered there and began to ask whether they had papers and identifications. - Q: What was the stated purpose of Operation Return to Sender?
A: The operation was aimed at dismantling transnational criminal organizations, according to border agents. - Q: How many people were arrested in the raid at a Home Depot in Pomona?
A: 10 people were arrested by agents who arrived in unmarked vehicles.
