Blue state judge attempts to stop Border Patrol from arresting suspected illegal immigrants without warrant

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Border Patrol chief Michael Banks gives an update on efforts to secure the southern border on ‘The Story.’

A California judge on Tuesday demanded Border Patrol agents allow people they think are living in the U.S. illegally to stay in the country, unless authorities have a warrant or reason to believe the person may flee before they can get a warrant.

U.S. District Judge Jennifer L. Thurston ruled on Tuesday that Customs and Border Protection (CBP) agents in the Eastern District of California cannot stop illegal immigrants without reasonable suspicion, or deport them via “voluntary departure,” unless that person is explained their rights and agrees to leave, according to a report from The Associated Press.

The decision comes after dozens of people were arrested in January during Border Patrol’s “Operation Return to Sender.”

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U.S. District Judge Jennifer L. Thurston tried to stop CBP agents from arresting suspected illegal aliens in the U.S. illegally unless they have a warrant. (United States District Court for the Eastern District of California | Immigration and Customs Enforcement)

The American Civil Liberties Union (ACLU) filed a lawsuit against Department of Homeland Security (DHS) Secretary Kristi Noem and CBP officials, claiming Border Patrol agents unconstitutionally detained people who looked like farmworkers, regardless of their actual immigration status or “individual circumstances,” over the span of a week, according to the report.

The ACLU filed a lawsuit against DHS and CBP. (Immigration and Customs Enforcement)

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Detainees were allegedly taken by bus to the border, held without being able to communicate with family or legal representation, and forced to sign documents that stated they waived their right to see an immigration judge and voluntarily agreed to leave the U.S., the ACLU said.

Thurston wrote that the evidence showed Border Patrol agents “engaged in conduct that violated well-established constitutional rights,” The AP reported. 

Incoming and outgoing immigration detainees are processed at the Krome Service Processing Center in Miami. (Jack Gruber/USA Today)

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The agency will be required to submit a report showing who is being held and who was arrested, along with the reasoning for both, every 60 days until the lawsuit is resolved.

CBP claimed Thurston did not have jurisdiction to make the ruling, but said it wouldn’t matter if she did because the agency had already issued new guidance and training to its agents, “detailing exactly when people may be stopped or arrested without warrants, and what rights detainees have after their arrest,” according to the report.

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Thurston alleged the policy could be changed again in the future.

The Associated Press contributed to this report.

Alexandra Koch is a breaking news writer for Fox News Digital. Prior to joining Fox News, Alexandra covered breaking news, crime, religion, and the military in the southeast.