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Supreme Court to Review Restrictions on ICE Arrests in Los Angeles
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A challenge to a lower court ruling limiting the factors ICE can consider when making arrests is headed to the supreme Court.
WASHINGTON – The Supreme Court is set to consider a request from the Trump administration to lift restrictions placed on immigration enforcement in Los Angeles. Last month, a federal judge issued a temporary order limiting the administration’s ability to conduct immigration crackdowns in the city. The Trump administration now wants the Supreme Court to lift those restrictions.
The order, issued by Judge Maame Ewusi-Mensah Frimpong, prevents federal law enforcement from relying “solely” on four factors when deciding whether to stop or detain someone suspected of being an undocumented immigrant. According to Frimpong’s order,these factors include: “apparent race or ethnicity,” speaking Spanish or English with an accent,presence at locations like agricultural workplaces or day laborer pick-up sites,and the type of work an individual performs.
The government is prohibited from relying exclusively on any one of these factors, or any combination thereof.However, authorities can still consider these factors if they have additional reasons for targeting a specific individual. As an example, US Immigration and Customs Enforcement (ICE) could target someone who speaks Spanish, works as a day laborer, and was seen entering a truck owned by a company known to hire undocumented immigrants, as long as one of the factors considered is not on Frimpong’s list.
According to the Cato Institute’s david Bier, Frimpong’s order has drastically reduced the number of immigration arrests within Los Angeles.
The central issue in Name v. Perdomo is the extent to which courts can effectively oversee law enforcement tactics. While Judge Frimpong’s order is limited,it may face challenges before a Supreme Court that has been exceptionally solicitous toward Donald Trump.
The Court has historically cautioned against broad orders that impose blanket restrictions on law enforcement. The Trump administration cited a 1983 case in its Perdomo brief, highlighting the Court’s long-standing concerns in this area.
Given the current composition of the Supreme Court, it is likely that the justices may not need to substantially stretch legal precedent to rule in favor of the Trump administration in Perdomo.
The contested provisions of Judge Maame Ewusi-Mensah Frimpong’s order are fairly narrow.
What is ICE up to in Los Angeles?
The Perdomo case stems from immigration raids in Los angeles, frequently enough conducted at job sites and other locations where the Trump administration believes undocumented immigrants are present. Frimpong found that these operations targeted “car wash workers, farm and agricultural workers, street vendors, recycling center workers, tow yard workers, and packing house workers.” One operation “detained multiple day laborers outside of the Westlake Home Depot.”
Some of these operations appear to raise constitutional concerns. In certain instances,law enforcement seems to have targeted people because of their race. Frimpong cited an incident where “agents approached and prevented a nonwhite individual from walking away but not those who appeared to be Caucasians.” A Latino car wash worker testified that agents ignored two of his light-skinned coworkers,one of whom is Russian and the other Persian.
In other cases, federal agents appear to have targeted individuals without reasonable grounds to believe they were undocumented.Jason Brian Gavidia, an American born in Los Angeles, was “forcefully pushed…up against the metal gated fence, put [his] hands behind [his] back, and twisted [his] arm” after he couldn’t recall the hospital where he was born.
Although agents released Gavidia after he presented a Real ID card-a document only issued to legal residents-they confiscated his ID.
It is indeed quite arduous to obtain a federal injunction against law enforcement officials
Individuals targeted in these Los Angeles raids could perhaps challenge their arrests or detentions in court. However, the value of such individual challenges is often limited.
recent supreme Court decisions, such as hernández v. mesa (2020) and egbert v.Boule (2022), have made it difficult to obtain monetary damages from ICE agents who violate constitutional rights. while Bivens v. Six Unknown Named Agents (1971) established that federal law enforcement officers could be held personally liable for constitutional violations,
Frequently Asked Questions
- What is a Real ID?
- A Real ID is a state-issued driver’s license or identification card that meets federal security standards.It is indeed accepted as valid identification by federal agencies, such as for boarding domestic flights or entering federal buildings. DHS.gov,TSA.gov
- What is an injunction?
- An injunction is a court order that requires a person or entity to do or stop doing a specific action. It is a form of equitable relief used to prevent irreparable harm. cornell Law,
