A judge from California ordered Border Patrol agents to allow individuals they suspect are residing in the U.S. unlawfully to remain in the country unless there is a warrant or a concern that the individual may flee before a warrant can be obtained.
Judge Jennifer L. Thurston of the U.S. District Court ruled that Customs and Border Protection (CBP) officers in the Eastern District of California cannot detain undocumented immigrants without a valid reason, or deport them through “voluntary departure,” unless the individual is informed of their rights and consents to leave.
The decision comes after dozens of people were arrested in January during Border Patrol’s “Operation Return to Sender.”
As part of the ruling, the agency must provide a report every 60 days detailing who is being detained and who has been arrested, including the justification for each case, until the legal case is concluded.
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.
Thurston alleged the policy could be changed again in the future.
The Associated Press contributed to this report.
