Supreme Court OKs Trump ICE immigration enforcement tactics in Los Angeles mass deportation sweeps

The Supreme Court rode to the rescue of President Trump’s immigration crackdown on Monday, giving a green light to ICE’s aggressive tactics to target Los Angeles with “mass deportation” arrests. Here’s what you need to know about the high court’s ruling on immigration enforcement:

The Supreme Court decision

Justices overturn lower court restrictions on ICE tactics:

• Justices put on hold lower court rulings that held U.S. Immigration and Customs Enforcement was violating Constitution with its tactics using race and ethnicity, languages and locations as factors in determining whom to question about legal status
• Justice Brett M. Kavanaugh said that while ethnicity can’t be sole factor, it can be “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,” he wrote
• Ruling is significant win for administration, which had complained that lower courts were intruding deeply into government’s ability to carry out Trump’s plans for mass deportations

The Los Angeles enforcement background

City became focal point for Trump immigration crackdown:

• Los Angeles became Ground Zero for that effort in early June, when government surged manpower to conduct arrests — and community erupted in riots
• Trump responded by federalizing and deploying National Guard and U.S. Marines, igniting still more legal battles over presidential war and policing powers
• ICE tactics case goes to heart of how and when immigration officers are able to approach suspects
• Legal battles over presidential powers continue to brew in lower courts

The lower court restrictions

Biden-appointed judge blocked ICE enforcement tactics:

• Judge Maame Frimpong, Biden appointee to court in Los Angeles, citing news reports, concluded that ICE and other federal agents deputized to help were targeting people because they spoke Spanish or were working or hanging out at car washes
• She said that was not sufficient for “reasonable suspicion” to make law enforcement stop
• She issued injunction blocking ICE from making arrests that she said would violate 4th Amendment’s ban on unreasonable stops and searches
• 9th U.S. Circuit Court of Appeals upheld her ruling, saying ICE has been too secretive about what it considers valid justification for stop

The government’s defense

Solicitor General argues enforcement clarity needed:

• U.S. Solicitor General D. John Sauer, defending Trump, told Supreme Court those lower rulings muddied waters, making it unclear what sort of enforcement ICE can carry out
• Said rulings left all ICE officers worried they could face punishment for stopping someone
• Officers must have some leeway if Trump, particularly in Los Angeles area, which is home to largest concentration of illegal immigrants in country
• “The district court’s injunction now significantly interferes with federal enforcement efforts across a region that is larger and more populous than many countries”

The regional enforcement challenge

Los Angeles described as major immigration crisis epicenter:

• Sauer said Los Angeles area “has become a major epicenter of the immigration crisis”
• Region described as larger and more populous than many countries
• Government argued lower court restrictions significantly interfered with federal enforcement efforts
• Administration emphasized need for operational flexibility in high-concentration immigrant areas

The liberal dissent

Justice Sotomayor issues scathing opposition:

• Justice Sonia Sotomayor issued searing dissent from Monday’s ruling, saying her colleagues were creating exception to established 4th Amendment norms
• Dissent applied to “those who happen to look a certain way, speak a certain way and appear to work a certain type of legitimate job”
• “We should not have to live in a country where the government can seize anyone who looks Latino, speaks Spanish, and appears to work a low-wage job,” she wrote
• Joined by court’s other two Democratic appointees in opposition

The terminology dispute

Justice breaks with court decorum over ICE operations:

• Sotomayor labeled ICE’s action in Los Angeles “raids” — term ICE vehemently rejects
• She also broke with usual Supreme Court practice where justices say they “respectfully dissent” from ruling
• Instead, twice, she flatly said, “I dissent”
• Departure from traditional court courtesy suggests depth of disagreement over ruling

Read more:

• Supreme Court green-lights Donald Trump immigration sweeps in Los Angeles