Ninth Circuit lifts injunction, clears Border Patrol to resume immigration stops in California

By 
, August 25, 2026

A unanimous Ninth Circuit panel has lifted a federal injunction that barred Border Patrol agents from detaining people without reasonable suspicion of immigration violations, a ruling that hands the Trump administration a win and deals a setback to the farmworker union that brought the challenge.

The three-judge panel sided with the Department of Homeland Security on the threshold question of legal standing, finding that the United Farm Workers of America had not shown the kind of ongoing or imminent injury required to justify a court order blocking future enforcement. The panel remanded the case to the district court for a narrow review of that standing question, but in the meantime, the injunction is gone, and Border Patrol is free to operate.

The ruling lands in the middle of a broader pattern of federal courts rejecting progressive legal strategies aimed at constraining immigration enforcement. It also undercuts a Biden-appointed district judge whose original order had restricted agents across California's agricultural heartland.

Operation Return to Sender triggered the lawsuit

The case traces back to a Border Patrol sweep called Operation Return to Sender, conducted between January 7 and 9 in Kern County, California, and surrounding areas, just days before Donald Trump took office for a second term. The United Farm Workers filed a class action complaint alleging that agents swept up nearly 200 people in what the union called "a fishing expedition that dispensed with reasonable suspicion and relied on racial profiling instead."

UFW's complaint alleged that Border Patrol agents arrested people and bussed them to a station in El Centro, California, without regard to probable cause or flight risk. Of those detained, 40 were sent back to Mexico. Most of those 40 had lived in the United States for years, the union claimed.

The union framed the operation as an unlawful dragnet designed to pressure people into voluntarily deporting themselves. UFW and the American Civil Liberties Union, which served as co-counsel, argued the sweeps violated the Fourth Amendment's protections against unreasonable search and seizure.

U.S. District Judge Jennifer Thurston, a Biden appointee, agreed with the plaintiffs and imposed a preliminary injunction in April 2025. That order prohibited Border Patrol agents from detaining individuals without reasonable suspicion that they had violated immigration laws, a significant constraint on enforcement operations in a region where an estimated 900,000 agricultural workers labor each year, the vast majority of them Latino.

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Past harm alone does not justify a forward-looking court order

DHS challenged the injunction, arguing that UFW lacked standing to pursue the class action in the first place. The Ninth Circuit panel, composed of Senior Circuit Judge Mary Schroeder, a Jimmy Carter appointee; Circuit Judge Morgan Christen, a Barack Obama appointee; and Circuit Judge Danielle Forrest, a Trump appointee, agreed unanimously.

In a four-page order, the panel wrote:

"We agree and remand to the district court for the limited purpose of addressing standing. The district court considered only plaintiffs' allegations of past harm. Although past harm may support standing to seek damages, it does not, on its own, establish standing to seek prospective injunctive relief."

That distinction matters. An injunction is a forward-looking remedy, it tells the government what it cannot do going forward. To earn one, plaintiffs must show they face a real and imminent threat of future harm, not just that something bad happened to them once. The panel found that Judge Thurston's analysis never cleared that bar.

The court did leave a narrow door open. The panel noted that "if new allegations of harm arise during the pendency of this remand, nothing precludes the district court from considering additional requests for relief." The underlying claims in the lawsuit remain alive. But the injunction itself, the only thing that was actually stopping Border Patrol, is lifted.

The practical effect is immediate. Border Patrol agents in California's Central Valley are no longer operating under a judicial leash. The ruling does not declare the original sweeps lawful, but it removes the constraint that had prevented similar operations from proceeding while the case worked through the courts.

California keeps losing immigration fights in federal court

The decision fits a pattern that should concern progressives who have relied on the courts to blunt federal immigration enforcement. The Ninth Circuit, long regarded as the most liberal appellate court in the country, has now handed the Trump administration a favorable ruling on enforcement authority in the very state where resistance to federal immigration policy has been fiercest.

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And it is not the only recent loss for California on this front. In a separate case, the same circuit blocked California's "No Vigilantes Act," a law signed by Governor Gavin Newsom that would have required ICE agents to display identification during operations. A three-judge panel, including two Trump appointees and one Obama appointee, ruled the law violated the Constitution's Supremacy Clause by attempting to regulate federal agents performing federal functions. Acting Attorney General Todd Blanche called it "another decisive victory in this administration's effort to remove illegal aliens from this country."

Taken together, the rulings suggest that California's strategy of using state law and sympathetic federal judges to obstruct immigration enforcement is running into hard constitutional limits, even in the Ninth Circuit.

The broader legal landscape has shifted as well. The Supreme Court recently ruled that asylum seekers must set foot on U.S. soil before claiming protection, another decision that went against progressive positions on immigration and border access.

UFW and the ACLU have not said what comes next

Neither the ACLU nor UFW responded to requests for comment on the ruling. DHS likewise did not respond. The silence leaves open the question of how aggressively the union will pursue the standing issue on remand, and whether it can produce evidence of imminent future harm sufficient to win a new injunction.

At oral arguments before the panel, UFW had argued that the department's practice of routinely violating its clients' Fourth Amendment rights was itself evidence of future injury. The panel was not persuaded, at least not on the record before it.

The case also highlights a tension that runs through much of the legal resistance to immigration enforcement. Biden-appointed judges have been willing to impose sweeping injunctions based on allegations of past misconduct, but appellate courts, including panels with Obama and Carter appointees, have demanded more rigorous proof before letting those orders stand. Judge Thurston's injunction is not the first order from a Biden appointee to face reversal on procedural grounds.

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The Ninth Circuit has also recently dismissed a progressive youth climate lawsuit challenging Trump energy orders, adding to a string of rulings that have gone against left-leaning legal campaigns in what was once considered a reliably friendly forum.

Meanwhile, Congress has moved to lock in enforcement resources. The House recently passed the $70 billion Secure America Act, funding ICE and Border Patrol through 2029, a legislative backstop that makes judicial constraints on enforcement even harder to sustain over time.

Standing doctrine did the work the merits never reached

The Ninth Circuit's ruling is narrow in one sense: it does not decide whether Operation Return to Sender violated the Fourth Amendment. It does not bless racial profiling. It does not rule on the merits of the class action at all. It simply says the plaintiffs did not prove they were likely to be harmed again, and without that proof, a court cannot issue an order telling the government to stop.

But narrow rulings can have broad consequences. With the injunction lifted, Border Patrol faces no judicial barrier to conducting similar operations in California's Central Valley or elsewhere. The union's complaint remains on file, and the district court could revisit the question if new evidence surfaces. For now, though, the enforcement pause is over.

The composition of the panel makes the result harder for critics to dismiss. This was not a panel of Trump appointees overriding a progressive judge. Schroeder was appointed by Carter. Christen was appointed by Obama. Both joined the opinion without dissent. When judges across the ideological spectrum agree that a lower court skipped a foundational legal step, the problem is not politics, it is procedure.

Courts exist to protect rights, not to serve as a backstop for policy preferences that cannot survive at the ballot box. When a judge issues an injunction without establishing that the plaintiffs face real, ongoing harm, the order rests on sympathy rather than law, and sympathy, however well-intentioned, is not a legal standard.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson