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BAKERSFIELD, Calif. — A lawsuit filed last month alleges that Border Patrol agents conducted unlawful raids in Kern County, California, targeting Latino residents regardless of their citizenship status. The lawsuit, filed by the ACLU and other organizations, claims agents abused their power, made arrests without warrants, and used deception to coerce individuals into leaving the country.
The operation, which took place in early January, involved approximately 60 Border Patrol agents deployed 300 miles from the California-Mexico border. Attorneys for the plaintiffs allege the operation was a “fishing expedition” based on racial profiling.
Maria Guadalupe Hernandez Espinoza, a 46-year-old grandmother, is among those who were removed from the country. She alleges she was arrested on January 7 after finishing her shift at a tomato greenhouse. According to the ACLU, she is one of at least 40 people who were subjected to “voluntary departure.”
Ernesto Campos Gutierrez, a U.S. citizen and 20-year resident of Bakersfield, was arrested on January 8 while en route to a gardening job, the lawsuit states. Agents allegedly blocked his truck, slashed his tires, and detained him for four hours, accusing him of alien smuggling. He was later released.
Yolanda Aguilera Martinez, a lawful permanent resident, alleges she was pulled over “for no discernible reason,” despite showing her California driver’s license. Agents reportedly threw her to the ground, handcuffed her, and arrested her. She was released after providing proof of her legal residency.
The lawsuit claims the arrests violated the plaintiffs’ Fourth Amendment rights, which protect against unreasonable searches and seizures, and their Fifth Amendment rights to due process.
The Los Angeles Times reported that El Centro sector Border Patrol chief agent Gregory Bovino conducted the operation without the knowledge of higher-ups. Bovino had touted the arrests on social media, highlighting those with criminal backgrounds and asserting the agency’s broad jurisdictional reach.
Customs and Border Protection (CBP) issued a statement through a Department of Homeland Security spokesperson, stating that Border Patrol enforcement actions are “highly targeted.” The statement did not address the specific allegations in the lawsuit or whether Bovino’s actions were under investigation. CBP stated they do not comment on pending litigation.
The Border Patrol reported that 78 people, all unlawfully present in the U.S., were arrested during the three-day operation. The agency cited criminal backgrounds of some individuals arrested, including sex offenses and drug charges.
However, attorneys representing the plaintiffs argue that the operation has had a widespread impact, traumatizing the Central Valley community. They allege that some individuals with no criminal record were deported, and that some were tricked into signing voluntary departure agreements, without being informed of their rights or the potential consequences.
The lawsuit alleges that agents misled individuals about the documents they were signing, failed to provide documents in their language, or pressured them with threats of longer imprisonment.
Juan Vargas Mendez, a 20-year resident of Kern County and husband of a U.S. citizen, was among those deported. He alleges he was tricked into signing a voluntary departure agreement and was denied necessary medication while in custody.
The lawsuit seeks to hold the Border Patrol accountable for alleged violations of constitutional rights and to address the lasting impact on the affected communities.
