In early January, as the Biden administration neared its end and the Trump era approached, around 60 Border Patrol agents were deployed to Kern County, a predominantly Latino area roughly 300 miles from the California-Mexico border. They claimed to be conducting a targeted operation to locate criminal immigrants.

However, attorneys representing those affected argue that the operation was a “fishing expedition” that relied on racial profiling rather than citizenship or immigration status. A lawsuit filed on Feb. 26 alleges that agents overstepped their authority, made warrantless arrests, and deceived individuals into agreeing to leave the country, causing widespread distress in the region.

“They stopped us because we look Latino or like farmworkers, because of the color of our skin. It was unfair,” said Maria Guadalupe Hernandez Espinoza, 46, a grandmother, in a statement.

Hernandez Espinoza was arrested on Jan. 7 after finishing her shift at a tomato greenhouse. According to the ACLU’s complaint, she was among at least 40 people who were removed from the country through voluntary departure.

The lawsuit also details the Jan. 8 arrest of Ernesto Campos Gutierrez, a 44-year-old U.S. citizen who had lived in Bakersfield, California, for 20 years. Agents allegedly blocked his truck, slashed his tires, pulled a passenger from the vehicle, and arrested them. They accused Campos Gutierrez of smuggling undocumented immigrants and detained him for four hours. The lawsuit, filed by United Farm Workers and five other plaintiffs, states that he was not deported.

“This was a fishing expedition, in which Border Patrol didn’t target any particular people, used racial profiling, and swept through the community,” said Bree Bernwanger, a senior staff attorney for the ACLU Foundation of Northern California.

That same day, Border Patrol agents stopped Yolanda Aguilera Martinez, a 56-year-old lawful permanent resident, “for no discernible reason,” according to the lawsuit. The longtime Kern County resident presented her California driver’s license, but agents allegedly forced her out of the car, threw her to the ground, handcuffed, and arrested her.

While detained in an SUV, she was allowed to call someone to send a photo of her legal residency card. After scanning it, an agent reportedly told her, “Get the f— out of here.”

The arrests took place 300 miles from the California-Mexico border, well beyond the 100-mile zone where Border Patrol claims authority to conduct warrantless searches.

The Los Angeles Times, citing three former Biden administration officials who spoke anonymously, reported last week that Gregory Bovino, the Border Patrol chief for the El Centro sector, acted independently in carrying out the operation without informing higher authorities.

We contacted Customs and Border Protection (CBP), which oversees Border Patrol, for a response to these claims. In an email statement, a Department of Homeland Security spokesperson said that Border Patrol enforcement actions are “highly targeted” and that any allegations of misconduct are immediately referred for investigation. However, the statement did not address the lawsuit’s claims or whether Bovino’s involvement was under review. CBP spokesperson Jaime Ruiz stated that the agency does not comment on ongoing litigation.

Bovino promoted the Kern County arrests on social media, emphasizing that those taken into custody included individuals with criminal records. One of his posts highlighted the extensive reach of the sector’s jurisdiction, stating that Border Patrol agents “go the extra mile — or 500 of them.” In a statement last month, he reiterated that his sector’s responsibilities extend from the border to the Oregon state line.

Central Valley Community Impact

Border Patrol reported that during the three-day operation in January, 60 agents arrested 78 individuals, all of whom were undocumented. Among them, the agency claimed, were individuals convicted of serious offenses, including the rape of an 8-year-old girl and a sex-related crime against a child. Other arrests involved charges related to weapons, drug possession, and DUI.

However, attorneys argue that the operation’s impact went far beyond targeting criminals. Some of those arrested had no criminal history and were deported. The lawyers stated that the agents’ actions “shook the Central Valley to its core.”

“The level of trauma is very high. Some individuals who were detained and deported had minor children they were responsible for,” said Ajay Krishnan, an attorney from Keker, Van Nest & Peters LLP, which is representing several plaintiffs.

The lawsuit is backed by multiple legal organizations, including the American Civil Liberties Union (ACLU) Foundations of Northern California, Southern California, and San Diego and Imperial Counties.

Coerced ‘Voluntary Departures’

Under immigration law, individuals can agree to a “voluntary departure” by signing specific documents, avoiding a formal deportation order and retaining the possibility of legally re-entering the U.S. later. However, this decision can also lead to restrictions on applying for legal entry for several years, depending on factors such as prior undocumented presence in the U.S.

The lawsuit alleges that agents coerced individuals into signing these agreements without fully informing them of the consequences. In multiple instances, people were asked to sign electronic pads without being shown the actual documents, and agents allegedly failed to explain the terms in their language. Some were misled about what they were signing, while others were pressured through threats of prolonged detention, harsh conditions, or isolation.

One plaintiff, Juan Vargas Mendez, had lived in Kern County for 20 years, was married to a U.S. citizen, and had no criminal record. The lawsuit states that he was arrested while returning from his job at a ranch where he had worked for a decade. Upon arriving at the El Centro detention facility, agents confiscated his nasal spray, which he relied on to breathe, and allegedly tricked him into signing a voluntary departure agreement.

Allegations of Constitutional Violations

The lawsuit claims that Border Patrol agents violated the Fourth Amendment by detaining individuals without reasonable suspicion of their immigration status and arresting them without warrants.

“A person’s perceived race, ethnicity, or occupation cannot justify a detentive stop. Nor can their refusal to answer voluntary questions,” the lawsuit states.

It also argues that agents violated the due process protections of the Fifth Amendment by deporting individuals without ensuring they had knowingly and voluntarily waived their right to an immigration hearing.

One of the plaintiffs, Maria Guadalupe Hernandez Espinoza, learned of her forced departure only after it had already taken place. According to the lawsuit, an agent handed her a copy of the document she had signed only after she was left in Mexicali—marking the first time she saw her own signature on an agreement for voluntary departure.