The Trump administration on Thursday asked the Supreme Court to halt a court order restricting immigration stops that swept up at least two U.S. citizens in Southern California.
The emergency petition comes after an appeals court refused to lift a temporary restraining order barring authorities from stopping or arresting people based solely on factors like what language speak or where they work.
The move is the latest in a string of emergency appeals from the Trump administration to the high court, which has recently sided with the Republican president in a number of high-profile cases.
The Justice Department argued that federal agents are allowed to consider those factors when ramping up enforcement of immigration laws in Los Angeles, an area it considers a “top enforcement priority.”
Trump officials asked the justices to immediately halt the order from U.S. District Judge Maame E. Frimpong in Los Angeles. She found a “mountain of evidence” that enforcement tactics were violating the U.S. Constitution in what the plaintiffs called “roving patrols.”
Her ruling came in a lawsuit filed by immigrant advocacy groups who accused President Donald Trump’s administration of systematically targeting brown-skinned people in Southern California during the administration’s crackdown on illegal immigration.
Trump’s Solicitor General D. John Sauer asked the justices to immediately halt Frimpong’s order, arguing that it puts a “straitjacket” on agents in an area with a large number of people in the U.S. illegally.
“No one thinks that speaking Spanish or working in construction always creates reasonable suspicion ... But in many situations, such factors—alone or in combination—can heighten the likelihood that someone is unlawfully present in the United States,” Sauer wrote.
He also argued that the order “flouted” a recent Supreme Court decision restricting judges from handing down universal injunctions, since it restricted stops in the entire region rather than only the plaintiffs.
Department of Homeland Security attorneys have said immigration officers target people based on illegal presence in the U.S., not skin color, race or ethnicity.
The order from Frimpong, who was nominated by Democratic President Joe Biden, bars authorities from using factors like apparent race or ethnicity, speaking Spanish or English with an accent, presence at a location such as a tow yard or car wash, or someone’s occupation as the only basis for reasonable suspicion for detention.
The Los Angeles region has been a battleground for the Trump administration after its aggressive immigration strategy spurred protests and the deployment of the National Guards and Marines for several weeks.
Plaintiffs on the lawsuit before Frimpong included three detained immigrants and two U.S. citizens. One was Los Angeles resident Brian Gavidia, who was shown in a June 13 video being seized by federal agents as he yelled, “I was born here in the states, East LA bro!”
He was released about 20 minutes later after showing agents his identification, as was another citizen stopped at a car wash, according to the lawsuit.
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