Bakersfield, CA – The Department of Homeland Security (DHS) will retrain over 900 California-based Border Patrol agents following controversial immigration enforcement actions in Kern County this past January, according to legal filings obtained by CalMatters. The move comes in response to a federal lawsuit brought by the American Civil Liberties Union (ACLU), which alleges widespread violations of constitutional rights during the operation.
The ACLU contends that Border Patrol agents unlawfully targeted and arrested individuals based on their appearance, specifically if they looked Latino or resembled farmworkers. The lawsuit claims these actions violated the Fourth Amendment's protection against unreasonable seizures.
While the El Centro sector chief defended the operation as targeting individuals with criminal and deportation records, reports and witness testimonies paint a different picture. Agents conducted sweeps in areas frequented by day laborers and farmworkers, including near a Home Depot and local agricultural sites. Eyewitnesses reported indiscriminate stops and demands for immigration documentation.
An investigation by CalMatters, analyzing Customs and Border Protection (CBP) records, revealed that a staggering 77 out of the 78 individuals arrested during "Operation Return to Sender" had no prior criminal or immigration violations.
"While the Border Patrol doesn’t admit wrongdoing in their court filings, it’s also very notable that they don’t defend their conduct," stated Bree Bernwanger, a senior staff attorney with the ACLU. "We know their conduct is indefensible. The law does not allow Border Patrol to assume people are violating immigration laws simply because they have brown skin."
The lawsuit, filed in conjunction with the United Farm Workers, seeks a court order to prevent future similar raids in California.
In their legal response, the DHS argued against the court's jurisdiction to review their detention practices. However, they also asserted that new guidance and training within the El Centro sector have "fully addressed" the ACLU's concerns. Federal lawyers argued that these proactive measures by the Border Patrol render an injunction unnecessary.
The January raids in the Central Valley raised concerns about the extent to which federal agencies might go to fulfill promises of increased immigration enforcement.
According to a declaration from Border Patrol official Sergio Guzman, agents in the El Centro sector received updated legal guidance on April 4, 2025. This new directive prohibits warrantless arrests unless there is probable cause of an immigration violation and a likelihood of escape before a warrant can be obtained. Simply being in the U.S. without authorization is no longer sufficient grounds for such an arrest. Vehicle stops now require "specific and articulable facts," and agents must document the reasoning for stops in official records.
The government stated that over 900 agents in the El Centro sector will be trained on these new guidelines, including proper reporting procedures and adherence to the Fourth Amendment. Interestingly, court documents indicate that this new guidance aligns with existing DHS legal compliance directives.
The ACLU remains skeptical. "The law has always been the same, and in January we saw Border Patrol fail to follow it," Bernwanger said. "There’s no meaningful guarantee that they will now follow the law."
Elizabeth Strater of the United Farm Workers echoed this sentiment, calling the retraining a "promise" and a "policy that can be rescinded or changed at any time."
For many impacted by the January raids, the consequences are already significant. Wilder Munguia Esquivel, a local handyman, recounted being pulled from a group of laborers by masked agents, fearing he was being robbed or kidnapped. Maria Guadalupe Hernandez Espinoza, a greenhouse worker with no record, was allegedly deported to Mexico under a false "voluntary" departure label, leaving her entire life behind in Bakersfield. Even U.S. citizen Ernesto Campos Gutierrez, a landscaper, reported armed agents slashing his truck tires without explanation, believing he was targeted due to his appearance.
A hearing on the ACLU's lawsuit is scheduled for April 28 in Fresno. The outcome of this case could have significant implications for future immigration enforcement practices in California.
[Copyright (c) Global Economic Times. All Rights Reserved.]
