District Court’s Order
The underlying injunction had been issued by U.S. District Judge Maame Ewusi-Mensah Frimpong on July 11. In her order, she prohibited immigration officers from stopping people without the reasonable suspicion required under constitutional standards.
Judge Frimpong further specified that immigration agents cannot form reasonable suspicion based solely on factors including:
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Visible race or ethnicity
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Speaking English or Spanish with an accent
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Presence at a particular location such as a bus stop, car wash, or agricultural work site
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The type of work a person performs
Her order reflected findings that such characteristics, by themselves, do not provide legal grounds for a stop.
Scope of Reasonable Suspicion
Justice Kavanaugh, however, noted that the court’s precedent recognizes ethnicity as potentially “a relevant factor,” alongside other indicators and “common sense,” in forming reasonable suspicion of unlawful presence.
This acknowledgment marked a key point of disagreement between the district court and the Supreme Court majority, highlighting the ongoing tension over how far immigration agents may rely on appearance and context in carrying out enforcement.
