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Trump Administration Appeals Ninth Circuit Order Restricting ICE Sweeps

The appeal seeks to lift constraints on appearance-based detentions imposed after a federal judge ruled that ICE must have reasonable suspicion before stopping individuals.

Overview

  • The Ninth Circuit Court of Appeals upheld a temporary restraining order on August 1 that bars ICE from carrying out appearance-based stops or detentions without reasonable suspicion in parts of Southern California.
  • The Trump administration filed an emergency application with the U.S. Supreme Court to lift those restrictions while the underlying ACLU lawsuit challenging workplace and street raids proceeds.
  • Judge Maame E. Frimpong’s July 11 order requires agents to demonstrate individualized suspicion that a person is unlawfully in the country before detaining them.
  • The ACLU lawsuit contends that ICE targeted Latino communities through sweeps at car washes, Home Depot parking lots and other workplaces, leading to claims of racial profiling and at least one U.S. citizen’s wrongful detention.
  • The Supreme Court’s forthcoming decision will determine whether the Ninth Circuit’s limits on interior enforcement remain in effect and could influence ICE tactics nationwide.