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. {snip}
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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.
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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.
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