Attorney General Charity Clark has joined a coalition of 17 attorneys general in submitting an amicus brief to the U.S. Court of Appeals for the Ninth Circuit. The brief is part of United Farm Workers v. Noem and urges the court to maintain an injunction related to Border Patrol’s actions during “Operation Return to Sender,” a multi-day immigration raid conducted earlier this year in Kern County, California.
The U.S. District Court for the Eastern District of California previously issued a preliminary injunction that prevents Border Patrol agents from conducting stops without reasonable suspicion and making warrantless arrests without probable cause that someone is a flight risk. The court also mandated that agents document the circumstances surrounding their stops and arrests.
According to Attorney General Clark and other state officials, these measures are necessary due to negative impacts observed after such raids, including reduced school attendance, harm to farm operations and local economies, and diminished trust between communities and law enforcement agencies.
“These tactics, if allowed, could potentially exacerbate the harms associated with immigration raids, such as declines in school attendance, farm operations, public health, economic security, and public trust between communities and state and local law enforcement,” states the coalition’s brief.
“Operation Return to Sender” began on January 7, 2025 in Kern County under Border Patrol Commander Greg Bovino. The operation resulted in 78 arrests based on alleged lack of lawful immigration status. Following these events, United Farm Workers and several individuals filed suit against the U.S. Department of Homeland Security seeking a preliminary injunction against what they described as arbitrary patrols targeting people who appeared to be farm workers or day laborers regardless of their actual status.
The district court granted this request for an injunction; federal authorities have since appealed that decision.
Attorney General Clark is joined by counterparts from Arizona, California, Connecticut, Delaware, the District of Columbia, Hawai’i, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New York, Oregon, Rhode Island and Washington in supporting maintenance of the injunction.
A copy of the amicus brief can be found on Vermont’s Attorney General website.
