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Kavanaugh Faces Backlash Over ICE Remedies Claim After Court Restores Roving Patrols

Civil-rights lawyers say recent Supreme Court rulings have left few viable paths to sue federal agents.

Overview

  • The Supreme Court on Monday put a district court’s July limits on appearance- and location-based stops on hold, allowing ICE roving patrols in Southern California to continue during ongoing litigation.
  • In a concurrence, Justice Brett Kavanaugh wrote that excessive force is prohibited by the Fourth Amendment and that remedies should be available in federal court.
  • Legal advocates argue the Court has sharply narrowed Bivens damages claims and constrained alternatives under the Federal Tort Claims Act, leaving most excessive-force suits against federal officers unlikely to succeed.
  • Justice Sonia Sotomayor dissented, warning the decision effectively treats Latino low-wage workers as vulnerable to seizure until they satisfy agents about their legal status.
  • Court records describe masked agents detaining or roughing up U.S. citizens Jason Gavidia and Jorge Viramontes, and scholars questioned what concrete remedies Kavanaugh believes remain available.