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9th Circuit Upholds Block on Southern California ICE Roving Patrols

Refusal of the emergency stay leaves in place a restraining order barring appearance-based detentions until a preliminary injunction hearing in September.

Overview

  • On August 1, a three-judge Ninth Circuit panel denied the administration’s emergency motion for a stay of Judge Frimpong’s July 11 order.
  • The order bars ICE agents from detaining individuals in seven Southern California counties without reasonable suspicion that they are in the country unlawfully.
  • The appeals court rebuked the Department of Justice for mischaracterizing the district court’s order and found no evidence of irreparable harm.
  • Immigrant advocates, led by the ACLU of Southern California, secured the original restraining order after accusing agents of racial profiling and unconstitutional stops.
  • The case remains on track for a preliminary injunction hearing in September as the government pursues further appeals.