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Ninth Circuit lifts limits on Border Patrol arrests in California
The U.S. Court of Appeals for the Ninth Circuit has rescinded a preliminary injunction that previously limited U.S. Border Patrol's ability to conduct stops and arrests in California’s Central Valley. The court ruled that a federal district court failed to properly analyze whether the plaintiffs had the legal standing to seek forward-looking relief based on alleged past harms.
The case involves Section 1357(a)(2) of the Immigration and Nationality Act, which permits warrantless arrests if agents believe an individual is in the country unlawfully and is likely to escape before a warrant can be obtained. The plaintiffs, represented by the American Civil Liberties Union (ACLU) alongside the United Farm Workers of America, argued that agents were making arrests without properly assessing flight risks.
While the ruling does not dismiss the underlying lawsuit, it removes the immediate restrictions on Border Patrol operations in the region. The Ninth Circuit has sent the case back to the district court to revisit the legal analysis regarding standing. The U.S. Department of Justice welcomed the decision, noting its importance for immigration enforcement authority.
Entities
American Civil Liberties Union · California Central Valley · U.S. Border Patrol · U.S. Court of Appeals for the Ninth Circuit · United Farm Workers of America