Divided Supreme Court Lifts Block on Immigration Stops in Los Angeles
America ı By Rochdi Rais
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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.
Dissent
Justice Sonia Sotomayor filed a dissent, joined by Justices Elena Kagan and Ketanji Brown Jackson. The three justices criticized the majority’s use of the emergency docket to intervene, calling the decision “a grave misuse” of the court’s authority.
“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,” Sotomayor wrote.
Their dissent underscored concerns about racial profiling and civil liberties in immigration enforcement practices.
Case and Representation
The federal government is represented by Solicitor General D. John Sauer.
The plaintiffs — a coalition of immigrant rights groups and individuals — are represented by the ACLU Foundation of Southern California, the UC Irvine School of Law Immigrant and Racial Justice Solidarity Clinic, Public Counsel, the National Day Laborer Organizing Network, the ACLU Foundations of Northern California and San Diego & Imperial Counties, as well as private firms and nonprofit legal organizations including Hecker Fink LLP, Martinez Aguilasocho Law Inc., CHIRLA, and the Immigrant Defenders Law Center.
The case is Kristi Noem et al. v. Pedro Vasquez Perdomo et al., case number 25A169, in the U.S. Supreme Court.
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