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Supreme Court Lets Roving Immigration Stops Resume in Los Angeles After Emergency Stay

Kavanaugh’s concurrence indicates that apparent ethnicity may count toward reasonable suspicion as enforcement restarts.

Overview

  • The emergency order pauses a July ruling by Judge Maame Ewusi-Mensah Frimpong that barred agents from relying on factors such as apparent race or ethnicity, language, and certain workplaces to justify stops.
  • Justice Brett Kavanaugh wrote that apparent ethnicity alone cannot establish reasonable suspicion but may be a relevant factor with others, drawing a sharp dissent from Justice Sonia Sotomayor joined by Justices Elena Kagan and Ketanji Brown Jackson.
  • The Department of Homeland Security lauded the decision as a win for safety and the rule of law, while Los Angeles officials and immigrant advocates reported renewed fear and disruptions as operations resume.
  • Court filings describe June actions in which masked agents seized people at car washes, tow yards, farms and parks, with thousands detained, and recent posts by Border Patrol leadership signaled continued presence in the region.
  • Civil-rights attorneys criticized Kavanaugh’s suggestion that victims can obtain federal remedies for excessive force, citing recent Supreme Court precedents that have narrowed lawsuits against federal officers as the case proceeds on the court’s emergency docket.