Any attorney who files or argues in favor of this appeal should be disbarred!
Any justice who votes in favor of this appeal should impeached and removed!
The Trump administration is asking the Supreme Court to allow officers to arrest suspected undocumented immigrants in Southern California because of how they look, what language they’re speaking and what kind of work they’re doing, factors that federal judges have found to be baseless and discriminatory.
Last month’s ruling by U.S. District Judge Maame Frimpong, upheld by the 9th U.S. Circuit Court of Appeals, “threatens to upend immigration officials’ ability to enforce the immigration laws in the Central District of California,” D. John Sauer, the Justice Department’s solicitor general, said Thursday in a filing with the Supreme Court. “This Court should end this attempted judicial usurpation of immigration-enforcement functions” and suspend the injunction while the case is argued in the lower courts, Sauer wrote.
The Central District, which includes Los Angeles County and six other counties, has nearly 20 million residents, more than any other federal court district in the nation. It became the focus of legal disputes over immigration enforcement after President Donald Trump took control of the California National Guard in June and sent thousands of its troops to the streets in Los Angeles to defend immigration agents against protesters of workplace raids.
A 9th Circuit panel upheld Trump’s commandeering of the National Guard, rejecting a lawsuit by Gov. Gavin Newsom. But Frimpong, an appointee of President Joe Biden, ruled July 11 that immigration officers were overstepping legal boundaries in making the arrests, and issued a temporary restraining order against their practices.
In a ruling Aug. 1 upholding the judge’s decision, another 9th Circuit panel said federal officers had been seizing people from the streets and workplaces based on four factors: their apparent race or ethnicity, the language they spoke or accent in their voice, their presence in a location such as a car wash or an agricultural site, and the type of work they were doing.
That would justify the arrest of anyone “who appears Hispanic, speaks Spanish or English with an accent, wears work clothes, and stands near a carwash, in front of a Home Depot, or at a bus stop,” the panel’s three judges said. They agreed with Frimpong that officers could not rely on any or all of those factors as the basis for an arrest.
But the Trump administration’s lawyers said those factors were valid reasons for immigration arrests in the Central District.
In April, U.S. District Judge Jennifer Thurston issued a similar order against the Border Patrol, prohibiting immigration arrests in the Eastern District of California unless officers have a reasonable suspicion that a person is breaking the law. The district is based in Sacramento and extends from Fresno to the Oregon border.
“You can’t just walk up to people with brown skin and say, ‘Give me your papers,’” Thurston, a Biden appointee, said at a court hearing, CalMatters reported. The Trump administration has appealed her injunction to the 9th Circuit.
The administration’s compliance with the Central District court order was questioned by immigrant advocates on Wednesday after a raid on a Home Depot store near MacArthur Park in Los Angeles, in which officers said 16 Latin American workers were detained. An American Civil Liberties Union attorney, Mohammad Tajsar, said the government “seems unwilling to fulfill the aims of its racist mass deportation agenda without breaking the law.”
There is ample evidence that many businesses in the district “unlawfully employ illegal aliens and are known to hire them on a day-to-day basis; that certain types of jobs — like day labor, landscaping, and construction — are most attractive to illegal aliens because they often do not require paperwork; that the vast majority of illegal aliens in the District come from Mexico or Central America; and that many only speak Spanish,” Sauer told the Supreme Court.
“No one thinks that speaking Spanish or working in construction always creates reasonable suspicion” that someone is an illegal immigrant, the Justice Department attorney said. “But in many situations, such factors — alone or in combination — can heighten the likelihood that someone is unlawfully present in the United States.”
The Supreme Court told lawyers for the immigrants to file a response by Tuesday.
The case is Noem v. Perdomo, No. 25A169.
https://www.sfchronicle.com/politics/article/scotus-immigration-california-20809308.php