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Judge Rules On ICE Arrests In California
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Judge Rules On ICE Arrests In California

A federal judge issued a stinging rebuke to the U.S. Border Patrol this week, granting a preliminary injunction that prohibits warrantless immigration stops across a major portion of California. The ruling, sparked by a controversial sweep earlier this year in Kern County, marks one of the strongest legal pushbacks against aggressive federal immigration enforcement seen in recent years.

The case stems from “Operation Return to Sender,” a January Border Patrol sweep led by the El Centro Sector that extended far beyond the U.S.-Mexico border into California’s agricultural heartland. Over three days, agents detained dozens of farm workers, day laborers, and others — many of whom had no criminal or immigration history — in parking lots, highways, and outside convenience stores. Of the 78 people arrested, 77 had no documented immigration or criminal violations, according to an investigation by CalMatters.

The American Civil Liberties Union (ACLU), on behalf of United Farm Workers, filed suit alleging Fourth Amendment violations, including racial profiling and illegal searches and seizures. The ACLU also documented disturbing accounts of violent and degrading behavior by agents, including slashed tires, thrown bodies, and racial slurs — all of which U.S. District Judge Jennifer L. Thurston took seriously.

“You just can’t walk up to people with brown skin and say, ‘Give me your papers,’” Judge Thurston said during a tense hearing Monday in Fresno.

The court's injunction does not conclude the case, but it stops the Border Patrol from conducting similar operations while the litigation proceeds. The ruling requires:

  • “Reasonable suspicion” before any stop.

  • Probable cause before any warrantless arrest, limited to scenarios where the person is likely to flee.

  • Detailed reporting requirements, with the agency required to document all stops and submit reports within 60 days.

  • Proof of agent retraining, particularly within the El Centro Sector, which must submit updates every 30 days.

When government attorneys argued that the injunction would burden agents, Thurston pushed back, noting that agents are already required to file reports for arrests and questioning why additional guidance was even necessary if they had been properly trained.

“They have to make a report for every arrest, not sure what the burden is,” she said, before further pressing DOJ attorneys who admitted they had no legal authority to back claims that the sweep wasn’t indicative of broader policy.

Despite pledges from federal attorneys that El Centro agents were being retrained on constitutional procedures, reports surfaced of a near-identical raid in Pomona, over 200 miles from the border, just last week. There, agents surrounded day laborers at a Home Depot, detaining at least 10 individuals. Witness accounts suggest the actual number may have been higher. The operation allegedly targeted one suspect with an arrest warrant, but nine others were swept up as well.

The broader implications are significant. With racial profiling and immigration enforcement intersecting in high-profile courtrooms, this case could reshape the legal boundaries of interior immigration enforcement.

“This ruling is a powerful reminder that law enforcement agents — including immigration — cannot stop you, detain you because of the color of your skin,” said Bree Bernwanger, a senior ACLU attorney.

For those caught in the dragnet, like Jesus Domingo Ross, a 38-year-old day laborer detained in Pomona, the fear is immediate and personal.

“I panicked,” he told CalMatters from a detention center in Calexico. “Just with everything you’re seeing on the news right now, I really panicked.”

Written by Arthur Higgens - April 30, 2025