An appeals court upheld a lower court’s order to temporarily block federal immigration agents from conducting immigration-related arrests in Los Angeles without probable cause.
In the ruling on Friday night, the ninth circuit court of appeals agreed with a federal judge that immigration agents cannot use race, ethnicity or other factors, including speaking Spanish or speaking English with an accent, as the basis for reasonable suspicion to stop people.
“We agree with the district court that, in the context of the Central District of California, the four enumerated factors at issue — apparent race, ethnicity, speaking Spanish or speaking English with an accent, particular location and type of work, even when considered together — describe only a broad profile and do not demonstrate reasonable suspicion for any particular stop,” the three judge panel said.
The appeals court found that the Trump administration did not dispute in filings that definitive stops in Los Angeles have occurred based on the factors and did not dispute the district court’s conclusion that the reliance on them “does not satisfy the constitutional requirement of reasonable suspicion.”
The judges concluded that plaintiffs “are likely to succeed” in showing that the Trump administration stopped and detained people based on their race, place of work and language.
Last month, immigrant advocacy groups filed a lawsuit accusing the Trump administration of unconstitutional sweeps in Los Angeles.
A hearing in the case is scheduled for September.
