Overview

• In a 6–3 emergency ruling, the Court paused Judge Maame Frimpong’s July order that barred stops based solely on race, language, location or job in much of Southern California.
• Justice Brett Kavanaugh concurred that the challengers likely lack standing and that the government is likely to prevail, while the three liberal justices dissented and criticized the use of the emergency docket.
• The Justice Department argued agents can rely on a totality-of-circumstances and a “reasonably broad profile” in an area where it estimates about 10% of residents are undocumented.
• The Ninth Circuit had refused to lift the restrictions on Aug. 1, and the underlying proposed class action alleging roving, profiling-based patrols will continue in the Central District of California.
• Los Angeles has seen stepped-up raids, including agents emerging from a rented box truck at a Home Depot, and local officials and plaintiffs say U.S. citizens have been swept up and injured.