Ninth Circuit revokes injunction, allowing Border Patrol sweeps in California farms

A Ninth Circuit three-judge panel reversed a district court order that had prohibited Border Patrol agents from stopping agricultural workers in California without specific suspicion of immigration violations. The panel held that the United Farm Workers of America could not demonstrate the future injury required for a preliminary injunction, emphasizing that prior harms support damages claims but not injunctive relief.

Consequently, the court lifted the injunction and sent the case back to the district court to re-evaluate standing. The ruling permits the Department of Homeland Security to continue its Operation Return to Sender, a sweep that previously detained nearly 200 individuals in Kern County and surrounding farm areas. While the injunction is gone, the union’s broader Fourth Amendment claims remain pending. The panel comprised Senior Judge Mary Schroeder, Judge Morgan Christen, and Judge Danielle Forrest.