In a 6-3 decision Monday, the U.S. Supreme Court lifted a temporary restraining order that required “reasonable suspicion” in federal immigration stops in Los Angeles and surrounding areas and outlined that race, among other factors, couldn’t be used as reasonable suspicion.

The Supreme Court paused the order issued on July 11 in a case that involves multiple advocacy-based organizations and Southern California residents suing U.S. Secretary of Homeland Security Kristi Noem and other federal officials over alleged unlawful immigration enforcement actions in Southern California earlier this year.

U.S. District Judge for the Central District of California Maame Ewusi-Mensah Frimpong had granted a temporary restraining order in the case, ordering that federal immigration enforcement agents could not conduct “detentive stops” in the region unless they had reasonable suspicion the person they stopped is violating immigration law by being in the U.S. In addition, reasonable suspicion couldn’t be based solely on factors such as race and ethnicity; speaking Spanish or speaking English with an accent; the type of work the person does; and their presence at a “particular location” such as a bus stop, an agricultural site and more, according to the order.

“We argued the order was overly broad, aiming to hinder our ability to apprehend and remove illegal immigrants in Los Angeles,” Central District of California U.S. Attorney Bilal Essayli said in a statement on X. Essayli is among those sued in the case.

“We are a nation of laws,” Essayli said. “Federal law enforcement is non-negotiable and cannot be curtailed by any court. If plaintiffs disagree with immigration laws, they should address Congress, not a single judge.”

Supreme Court ICE Ruling

Kavanaugh described how the government must have reasonable suspicion that a person is illegally present in the U.S. to stop them for questioning about their immigration status.

“Here, those circumstances include: that there is an extremely high number and percentage of illegal immigrants in the Los Angeles area; that those individuals tend to gather in certain locations to seek daily work; that those individuals often work in certain kinds of jobs, such as day labor, landscaping, agriculture, and construction, that do not require paperwork and are therefore especially attractive to illegal immigrants; and that many of those illegally in the Los Angeles area come from Mexico or Central America and do not speak much English,” Kavanaugh said.

He wrote that while apparent ethnicity alone can’t “furnish” reasonable suspicion, it “can be a ‘relevant factor’ when considered along with other” factors.

“Under this Court’s precedents, not to mention common sense, those circumstances taken together can constitute at least reasonable suspicion of illegal presence in the United States,” Kavanaugh said.

Mayor Karen Bass described the ruling as “dangerous and “un-American.”

“Today, the highest court in the country ruled that the White House and masked federal agents can racially profile Angelenos with no due process, snatch them off the street with no evidence or warrant, and take them away with no explanation,” Bass said. “This decision will lead to more working families being torn apart and fear of the very institutions meant to protect — not persecute — our people.”

Monday’s decision from the Supreme Court doesn’t halt further proceedings in the case, according to the ACLU of Southern California.

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Paris Barraza is a trending reporter covering California news at The Desert Sun. Reach her at pbarraza@gannett.com.
This article originally appeared on Palm Springs Desert Sun: Supreme Court lifts ICE stop limits in Los Angeles, race can be a factor
Reporting by Paris Barraza, Palm Springs Desert Sun / Palm Springs Desert Sun
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