The Trump administration just got another favorable ruling from the U.S. Supreme Court – Immigration and Customs Enforcement (ICE) can restart “roving” patrols in Los Angeles.
As reported on Tuesday’s AM Update, the Supreme Court issued an unsigned order Monday clearing the way for ICE raids to resume in California. The justices paused a ruling that restricted ICE stops in much of Southern California as a lawsuit works its way through the courts.
The Case
A group of immigrants and advocacy organizations are suing the government, arguing the ICE raids violated the Fourth Amendment’s ban on unreasonable searches and seizures and raising concerns about racial profiling and discriminatory targeting of the Latino community.
In July, Biden-appointed federal Judge Maame Uusi Mensah Frimpong barred agents from making stops based on any combination of “apparent race or ethnicity,” “speaking in Spanish or accented English,” “being at a location where illegal aliens are known to gather,” and “working specific jobs like construction.”
The Trump administration appealed to the Supreme Court in early August after the Ninth Circuit Court of Appeals declined to pause the judge’s order.
The Opinions
Justice Brett Kavanaugh joined the majority and also wrote a separate concurring opinion, concluding, “apparent ethnicity alone cannot furnish reasonable suspicion; under this Court’s case law regarding immigration stops, however, it can be a ‘relevant factor’ when considered along with other salient factors.”
He wrote that, in this case, those circumstances include: “That there is an extremely high number and percentage of illegal immigrants in the Los Angeles area; that those individuals tend to gather in certain locations to seek daily work; that those individuals often work in certain kinds of jobs, such as day labor, landscaping, agriculture, and construction, that do not require paperwork and are therefore especially attractive to illegal immigrants; and that many of those illegally in the Los Angeles area come from Mexico or Central America and do not speak much English.”
The justice also issued a rebuke of judicial overreach. “Article III judges may have views on which [immigration] policy approach is better or fairer,” Kavanaugh wrote. “But judges are not appointed to make those policy calls. We merely ensure in justiciable cases, that the executive branch acts within the confines of the Constitution and federal statutes.”
The three liberal justices dissented. “The Fourth Amendment protects every individual’s constitutional right to be free from arbitrary interference by law officers,” Justice Sonia Sotomayor wrote. “After today, that may no longer be true for those who happen to look a certain way, speak a certain way, and appear to work a certain type of legitimate job that pays very little.”
The Political Fallout
California Gov. Gavin Newsom struck a similar tone in a statement. “Trump’s hand-picked Supreme Court majority just became the Grand Marshal for a parade of racial terror in Los Angeles,” he said, in part. “Trump’s private police force now has a green light to come after your family — and every person is now a target.”
Attorney General Pam Bondi, meanwhile, called the ruling “another massive victory at the Supreme Court from the DOJ attorneys” because “now, ICE can continue carrying out roving patrols in California without judicial micromanagement.”
The case is expected to eventually land back before the U.S. Supreme Court as the appeals process plays out.
You can get all the day’s headlines by tuning into the AM Update with Megyn Kelly on YouTube, Apple Podcasts, or wherever you like to listen. And don’t forget that you can catch AM Update live on SiriusXM’s Triumph (channel 111) weekdays at 8:45am ET.