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Supreme Court overturns earlier ruling and allows illegal immigrant detentions to resume in LA

The Trump Administration made the emergency request, describing the previous court order as a "straitjacket" that hindered enforcement of the deportation schedule.

ICE and Homeland Security Investigations (HSI) agents.

ICE and Homeland Security Investigations (HSI) agents.AFP

Agustina Blanco
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On Monday, the Supreme Court lifted restrictions imposed by a federal judge on detainers of illegal immigrants in the Los Angeles area, allowing immigration authorities, such as ICE, to rely on general criteria such as speaking Spanish or working in certain professions, as long as they are considered in conjunction with other elements to generate "reasonable suspicion," according to reports from The Hill.

The Trump Administration made this emergency request, describing the earlier injunction as a "straitjacket" that hampered its immigration enforcement efforts with respect to illegal immigration.

The Supreme Court decision

Judge Brett Kavanaugh (the second appointed by President Donald Trump) wrote a 10-page individual concurring opinion, arguing that the plaintiffs probably have no standing to sue and that the Administration would win the case anyway. "To conclude otherwise, this Court would likely have to overrule or significantly narrow two separate lines of precedents,” the judge wrote.

In a dissenting opinion, Judge Sonia Sotomayor, joined by Judges Elena Kagan and Ketanji Brown Jackson (the other two appointed by Democratic presidents), criticized the decision as unconscionably irreconcilable with our Nation’s constitutional guarantees.” "That decision is yet another grave misuse of our emergency docket," Sotomayor wrote. "We should not have to live in a country where the Government can seize anyone who looks Latino, speaks Spanish, and appears to work a low wage job. Rather than stand idly by while our constitutional freedoms are lost, I dissent.” 

On prior restraint

Federal Judge Maame Ewusi-Mensah Frimpong (an appointee of former President Joe Biden) imposed the restrictions in July, following a lawsuit by detainees for ICE and civil rights groups alleging unconstitutional "roving patrols" in Los Angeles violated the Fourth Amendment by stopping without reasonable suspicion.

Her order prohibited authorities from basing stops on only four factors: race/ethnicity, use of Spanish, type of work (as a day laborer or at car washes), or presence at sites where undocumented immigrants congregate.
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