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Limits On Border Patrol Arrests In California Lifted By Federal Appeals Court
Authored by Matthew Vadum via The Epoch Times,
A federal appeals court on Aug. 24 rescinded a preliminary injunction that limited U.S. Border Patrol stops and arrests in California's Central Valley.
The U.S. Court of Appeals for the Ninth Circuit found that a federal district court failed to properly analyze whether the plaintiffs had standing to seek forward-looking relief based on alleged harms in the past.
Standing refers to the right of someone to sue in court. The parties must show, among other things, a strong enough connection to the dispute to justify their participation in a lawsuit.
The Ninth Circuit sent the lawsuit challenging immigration detentions back to the district court to allow it to revisit its legal analysis after that court issued a preliminary injunction limiting U.S. Border Patrol's ability to stop and arrest people.
The new ruling, which does not dismiss the lawsuit itself, is a tactical win for the Trump administration because it eliminates - for now - a preliminary injunction that limited Border Patrol's ability to stop and detain people. The appeals court sent the case back to the federal district court for a limited do-over on the question of standing.
The lawsuit concerns Section 1357(a)(2) of the Immigration and Nationality Act, which allows Border Patrol agents to make warrantless arrests only if they have reason to believe two things: that the person is in the country unlawfully, and that the person is likely to escape before a warrant can be obtained. The plaintiffs in the case took the position that the agents made arrests without properly assessing whether people were actually flight risks.
The American Civil Liberties Union (ACLU) sued on behalf of the plaintiffs, the United Farm Workers of America and several farm workers, arguing that over a three-day period in Kern County, California, in January 2025, Border Patrol unlawfully detained individuals - including day laborers - without having a reason to believe they were likely to escape before a warrant could be issued. The enforcement project was known as Operation Return to Sender.
Residents of Bakersfield and the vicinity "started disappearing" in "the middle of citrus harvesting season," and this alarmed local residents who contacted the ACLU, the group said in a summary.
In a federal class action, the ACLU argued the Border Patrol was using "a cruel tactic to strip people of their right to an immigration hearing and coerce them instead into agreeing to "voluntary departure," which carries with it a ban on returning to the United States for up to 10 years.
In April 2025, U.S. District Judge Jennifer Thurston granted a preliminary injunction covering the Eastern District, which is California's Central Valley.
The order prevented Border Patrol from stopping people in violation of the Fourth Amendment or arresting them unless officers comply with federal law. The injunction required that to carry out an arrest, the officers must have a reasonable suspicion of unlawful presence in the country.
On appeal, the federal government argued that the district court only looked at past events in Kern County. Instead, the court should have looked at whether the same unlawful stops and arrests were likely to happen again soon, the government said.
A three-judge panel of the U.S. Court of Appeals for the Ninth Circuit ruled that the government was correct when it said that the district court failed to engage in the "correct standing analysis before granting preliminary prospective injunctive relief."
The U.S. Department of Justice, which represents the Border Patrol, hailed the new ruling.
"This is a good outcome, and it reinforces our confidence in related cases - like [Vasquez Perdomo v. Noem], which raises similar claims and where we've already prevailed once at the Supreme Court," a spokesperson told The Epoch Times.
In that case, in September 2025, the U.S. Supreme Court temporarily put on hold a lower court order restricting immigration stops in Southern California.
The court did not issue a formal opinion, but Justice Brett Kavanaugh wrote a concurrence saying the plaintiffs did not have standing to pursue a forward-looking injunction. He said that past unlawful stops do not by themselves prove a real and immediate threat that the same individuals will be stopped again in the same way.
The Epoch Times reached out to the ACLU for comment. No reply was received by publication time.
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Bluetooth Glitch Exposes Alibaba's Secret Tracking Of Users, Developer Says
A San Francisco-based developer discovered that Alibaba Group's AliExpress marketplace secretly hijacked his computer's audio system through hidden browser scripts, allowing the website to run inaudible sound waves at zero volume to create "fingerprints" used to track devices without relying on cookies.
The privacy-focused Brave browser revealed in a series of X posts that the AliExpress marketplace was keeping the developer's computer audio system active through hidden browser scripts, potentially allowing the website to generate a unique identifier for his device.
The issue emerged when the developer's Bluetooth headphones refused to transfer their audio connection from his computer to his phone while AliExpress was open. A deeper dive of the website's code showed background scripts maintaining access to the computer's audio-processing system without producing audible sound.
The scripts allegedly used the browser's Web Audio API to process signals at zero volume. Small differences in how individual computers handle those signals can be measured and combined into an "audio fingerprint," allowing websites to recognize devices even when cookies are deleted or blocked.
Alibaba's AliExpress was caught using users' audio systems to track them.
AliExpress wasn't recording users but instead playing a silent sound and measuring how users' specific devices processed it in order to fingerprint them.
But don't worry because Brave stops this.
The developer also found that the scripts collected other device characteristics, including available memory, screen dimensions, and network information.
Here's what Brave found:
1. Alibaba's AliExpress was caught using users' audio systems to track them. AliExpress wasn't recording users but instead playing a silent sound and measuring how users' specific devices processed it in order to fingerprint them.
2. Fingerprinting is a way that websites can identify you without cookies. Sites will note details about your device like your screen size or installed fonts. These details are then combined into a unique, persistent "fingerprint" that can be used to track you across the Web.
3. There are slight variations in how each device plays the same audio file due to differences in CPU, sound card, browser, etc. When AliExpress played the silent sound, it measured these small variations to help build fingerprints of users' devices.
4. This tracking was discovered due to an unexpected side effect. A user with Bluetooth headphones noticed they couldn't play music on their phone because the headphones were instead playing AliExpress's silent sound from their PC.
Brave turned what it found into a sales pitch for its browser:
1. For 6+ years, Brave has protected users against audio fingerprinting, and other fingerprinting types, by default. Brave injects random data into the browser's output so you show a different fingerprint to different sites. This fingerprint also resets across sessions.
2. Trackers are constantly finding new ways to fingerprint your device, so Brave keeps adding new protections. We recently added defenses against GPU fingerprinting, which stops sites from identifying you with your graphics card or drivers.
The findings raise new questions about browser fingerprinting, a stealthy way that uses silent audio processing for covert tracking.
Tyler Durden Tue, 08/25/2026 - 19:40