Farm workers group sues federal government over illegal stops, arrests

FRESNO, Calif. (CN) — The United Farm Workers on Wednesday sued the federal government over “Operation Return to Sender,” a Border Patrol sweep which the group calls illegal and says broke apart California families.

The January operation lasted almost a week and struck predominantly Latino areas of Kern County and the surrounding region in southern California. Border Patrol agents stopped and arrested people of color regardless of their immigration status. They then bussed some of them to the El Centro Border Patrol station before forcing or deceiving them into waiving their right to appear before an immigration judge, the workers group claims.

“’Operation Return to Sender’ tore families apart and terrorized the community,” the group argues. “It also violated the law.”

Under the Fourth Amendment, Border Patrol can’t detain someone, in a vehicle or on foot, without reasonable suspicion they’re in the country unlawfully. Race, ethnicity or occupation isn’t enough to stop someone. Additionally, a person’s refusal to answer questions doesn’t justify stopping that person, the group writes.

“Border Patrol agents went on a fishing expedition, dispensing with reasonable suspicion and stopping people based on assumptions about their race or occupation instead. Border Patrol agents made warrantless arrests indiscriminately, without evaluating or considering flight risk. At the El Centro Station, agents pressured people in their custody to accept voluntary departure without providing any information about the serious consequences it carries,” the group says.

The group, among other requests, asks a federal judge to certify the suit as a class action and issue a preliminary and permanent injunction stopping any further violations of the group member’s suspicionless stop and warrantless arrest rights.

The United Farm Workers has its headquarters in Kern County. It has thousands of members throughout the country who are migrant and seasonal workers. Most live in California’s Central Valley and the group worries Border Patrol will persist in what it calls unlawful practices.

The group points to a handful of people affected by the January operation.

“Border Patrol discriminated against them, disparaged them, and made them feel they do not belong in their communities,” the group says.

On Jan. 7, Border Patrol agents blocked Oscar Morales Cisneros from leaving a store in his truck. He was arrested without a warrant, put on a bus and taken to El Centro. After being detained, and repeatedly denied an attorney or phone call, Cisneros ultimately was released after providing his signature to unseen documents.

“In the aftermath of this incident, Mr. Morales Cisneros feels scared whenever he leaves his home because he fears he will encounter Border Patrol and be arrested and detained again,” the group writes. “He does his best to limit how much he leaves his home. He has a hard time sleeping.”

Other people affected by the operation have similar stories.

Aguilera Martinez, a lawful permanent resident for over 30 years, was stopped on Jan. 8 while driving in Bakersfield. People she believed were Border Patrol agents asked for her “papers,” throwing her driver’s license into her lap after examining it and calling it fake, the group writes.

According to the group, an agent then asked her to exit the car, grabbing her arm when she did and pushing her to the ground. The agent then reportedly handcuffed her and placed her in an SUV. Given a chance to call and get a picture of her green card, Martinez says she showed the photo to an agent who scanned it and then told her to leave.

“Ms. Aguilera Martinez suffered bruises on her wrists from the tight handcuffs, and bruises on her legs from when the Border Patrol agent pushed her to the ground,” the group writes.

The workers group also points to the Jan. 9 arrest of a man called “Fernando.” Border Patrol agents stopped his car on a road often used by agricultural workers, jumped out of their own vehicle and began yelling.

The agents reportedly started banging on Fernando’s car windows, saying they’d smash the glass. Counting down from “five” in Spanish, they broke the windows after reaching “one.” They then arrested Fernando, the group claims.

“The agents did not identify themselves, did not appear to know who Fernando was, and did not appear to have any reason for pulling the car over, other than to target its passengers for federal immigration enforcement,” the workers group claims. “The agents did not present a warrant for arrest or ask Fernando anything about his family, community ties, employment, or other factors related to his likelihood of flight risk.”

According to the group, the people affected by the operation and other community members now have a fear of law enforcement. Cisneros isn’t comfortable calling 911 because he thinks Border Patrol will come to arrest him.

“Farm workers, and all our neighbors in Kern County, should have the right to move, work, and live free from fear,” said UFW President Teresa Romero in a statement. “As a result of Border Patrol’s coercive tactics, dozens of long-term residents of Kern County are now stranded in Mexico, far from their homes and the families, jobs, and communities that need them.”

In a statement, a U.S. Department of Homeland Security spokesperson said Border Patrol enforcement actions are highly targeted.

“Businesses that human traffic and exploit migrants for cheap labor should be afraid — we will go after them,” the department said. “As for law-abiding companies, the media is intentionally manufacturing fear.”