Biden-appointed judge limits Border Patrol's ability to make warrantless arrests
During a rally in Florida earlier this week, President Donald Trump touted his administration's efforts to deport those who are in the United States illegally.
Yet in a move which is sure to leave Trump furious, a judge recently limited the ability of Border Patrol agents to make certain types of arrests.
New rules on warrantless arrests
According to Breitbart, that ruling came on Wednesday from United States District Court Judge Jennifer Thurston, who was appointed by former President Joe Biden.
"Indeed, the evidence before the Court is that Border Patrol agents under DHS authority engaged in conduct that violated well-established constitutional rights," Thurston wrote.
"Border Patrol is enjoined from conducting detentive stops in this District unless, pre-stop, the detaining agent has reasonable suspicion that the person to be stopped is a noncitizen who is present within the United States in violation of U.S. immigration law, as required by the Fourth Amendment of the United States Constitution," she continued.
"Border Patrol is enjoined from effecting warrantless arrests in this District unless, pre-arrest, the arresting agent has probable cause to believe that the noncitizen being arrested is likely to escape before a warrant can be obtained, as required by 8 U.S.C. § 1357(a)(2)," the judge went on to add.
Injunction applies in Eastern District of California
What's more, Thurston ordered Border Patrol agents to henceforth document "in narrative form" all warrantless arrests of illegal migrants.
Biden-Appointed Judge Blocks Border Patrol from Arresting Suspected Illegal Aliens Without Warrantshttps://t.co/DOFpFdSSeg
via @BreitbartNews @JxhnBxnder— Immigration Reform Law Institute (@IRLILaw) April 30, 2025
Each report must include "particularized facts that supported the agent’s reasonable suspicion, which was formed in advance of the stop."
The judge's injunction applies in the Eastern District of California, a massive 34-county area which stretches from the Oregon border in the north to Bakersfield in the south.
Thurston's decision welcomed by ACLU
Breitbart noted that Thurston's order came in response to a lawsuit from the United Farm Workers, which was represented by the American Civil Liberties Union (ACLU).
It took issue with Border Patrol agents carrying out arrests of suspected illegal migrants in California as part of something called "Operation Return to Sender."
Thurston's decision was welcomed by Bree Bernwanger, who serves as senior staff attorney at the ACLU Foundation of Northern California.
"Today’s order affirms the dignity and constitutional rights of all people," Bernwanger said in a statement. "Border Patrol must end their illegal stop and arrest practices now."