The Supreme Court on Monday lifted restrictions on aggressive immigration enforcement tactics by federal agents in central California that had been challenged by critics as unconstitutional racial profiling.
The Court did not formally explain its decision. It overruled two lower courts which had imposed a temporary restraining order after concluding that ICE had likely violated the Fourth Amendment by targeting suspects based primarily on race or ethnicity and language.
In a concurring statement agreeing with the decision, Justice Brett Kavanaugh explained that he believed the government had a “fair prospect of success on the merits” in the litigation and should not be hindered in using the strategy for now.
“Apparent ethnicity alone cannot furnish reasonable suspicion,” Kavanaugh wrote. “Under this Court’s case law regarding immigration stops, however, it can be a relevant factor.”
He also questioned whether the advocacy groups and individual plaintiffs challenging the government policy had sufficient standing to bring the legal challenge to begin with.
The Court’s three liberal justices dissented.
Justice Sonia Sotomayor called the decision a “grave misuse” of the Court’s emergency docket, rather than let the case continue to play out in lower courts.
“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. Rather than stand idly by while our constitutional freedoms are lost, I dissent,” she wrote.
Department of Homeland Security Assistant Secretary for Public Affairs Tricia McLaughlin said on X the ruling is a “win for the safety of Californians and the rule of law.”
“DHS law enforcement will not be slowed down and will continue to arrest and remove the murderers, rapists, gang members and other criminal illegal aliens that Karen Bass continues to give safe harbor,” she posted.
ABC News’ Luke Barr contributed to this report.
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