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Federal Judge Orders Border Agents to Document Stops After Warrantless Arrests Violate Order

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Federal Judge Jennifer Thurston ordered U.S. Customs and Border Protection (CBP) agents to meticulously document the reasons for every future stop in her judicial district, spanning 34 counties and eight million people, after finding agents violated a previous order prohibiting warrantless arrests without reasonable suspicion.

In a ruling Wednesday, Judge Thurston, an appointee of President Biden, determined agents violated her prior restriction against random immigration sweeps in Kern County by making detentive stops without establishing a risk of flight or danger. Agents arrested individuals unable to prove citizenship on the spot, contradicting Congress's mandate for agents to assess flight risk or community danger before warrantless arrests.

To enforce the order, Thurston mandated agents document stops in narrative form, detailing reasonable suspicion for each detention. The ruling impacts operations across the Eastern District of California, including major cities like Sacramento, Fresno, and Bakersfield, following a lawsuit by a farmworker union challenging the sweeps.

This legal setback for CBP could increase operational costs and legal exposure, potentially affecting border security budgets and enforcement strategies as the agency faces ongoing litigation over its procedures.