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A federal judge ordered the suspension of the U.S. Border Patrol, which will halt illegal suspensions and warrantless arrests in the Central Valley after agents detained and arrested dozens of farm workers and workers earlier this year.
The long raid around Bakersfield sparked rage after the video slashed the tires of a gardener who was a citizen on his way to his work, raising fear that tactics could become a new norm, primarily for the agricultural area.
Jennifer Thurston, a US District Court for the Eastern District of California, said in the 88-page order that the evidence presented by ACLU lawyers established a “pattern and practice” that violates people’s constitutional rights when detaining people without reasonable doubt. And violates federal law by carrying out a warrantless arrest without determining flight risk.
“The evidence before the court is that Border Patrol agents based on DHS authorities engaged in conduct that violated established constitutional rights,” she wrote.
Thurston’s ruling allows the ACLU to file a class action lawsuit against the government for the attack. It also requires that the Border Patrol submit detailed documents of arrests without a stop or warrant in the Central Valley and provide clear guidance and training for agents on the law.
“This sends a strong message that attacks in and around Karn County in January are illegal,” said Brie Bernwenger, an attorney for the ACLU Foundation in Northern California. “Because of the colour of the skin, you can’t pull and grab it on the street. Border Patrol is responsible for violating those practices and people’s rights.”
During a court hearing Monday, government lawyers did not challenge the accounts of the individuals arrested and detained in the attack, but asked the court to abandon the case, saying they had no jurisdiction and arguing that the attack did not constitute systematic action.
“These are different examples,” Justice Department lawyer Olga Y. Kuchins argued in court.
However, a skeptical Thurston sought evidence to prove it before and after the hearing.
“We don’t establish patterns or practices for two days,” she said, suggesting that it was the behavior of a few agents.
Thurston then asked for the basis for his discovery. Kuchins said she had nothing.
“I’m tied to the evidence I have,” Thurston concluded at the end of the discussion.
The enforcement action in early January included around 60 agents from El Centro Sector, based in the Imperial Valley near the US-Mexico border.
For “Operation Return to Sender,” the agent moved about 300 miles to Bakersfield. The ACLU claims that the ACLU targeted brown-skinned residents driving along Highway 99 and targeted local filling stations and Home Depots.
At the time, the US Border Agency said the operation was intended to dismantle cross-border criminal organizations. Gregory K. Bovino, the chief agent of the US Border Patrol, posted on social media that the agent had detained two child rapists and “other criminals” and retrieved 36 pounds of drugs.
However, Calmatters later reported that data from agents showed that 77 of the 78 arrested had no prior knowledge of the history of detectives or immigrants.
According to court documents, Wilder Mungia Esquibel was arrested at Home Depot. He stood outside the store as 10 unidentified agents in masks were actively flocking to the day workers gathered there. Esquibel had a pending petition and lived with his family, a US citizen.
As he left in silence, the agent ordered him to turn around and handcuff him, pulling his wallet from his back pocket. He was arrested and sent to detention near the border before being released three days later.
After the lawsuit was filed, Border Patrol issued a notice to the agents about how they could make a warrantless arrest during their arrest and identify themselves as an agent. However, the ACLU argued that the policy was not sufficient to prevent repeating the same actions.
Last week, US customs and border security raided at Home Depot in Pomona. There, officials say 10 people have been arrested by agents who arrived in the unmarked vehicle.
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