The Trump administration on Monday asked a federal appeals court to pause a sweeping order from a California judge that required officials to stop making immigration arrests without probable cause in the southern part of the state.
The ruling issued Friday by US District Judge Maame Ewusi-Mensah Frimpong ordered the Department of Homeland Security to develop guidance for officers to determine “reasonable suspicion” outside of the apparent race or ethnicity of a person, the language they speak or their accent, “presence at a particular location” such as a bus stop, or “the type of work one does.”
The ruling applies only to the seven-county jurisdiction of the US Central District of California, which includes Los Angeles and surrounding areas.
Justice Department attorneys asked the 9th US Circuit Court of Appeals to put Frimpong’s order on hold while they challenge it before the appeals court.
The administration said in its emergency appeal that Frimpong had overstepped in her ruling, accusing the appointee of former President Joe Biden of a “judicial takeover” of executive branch policy.
“It is untenable for a district judge to single-handedly ‘restructure the operations’ of federal immigration enforcement and usurp ‘ongoing judicial supervision of an agency normally, and properly, overseen by the executive branch,’” DOJ attorneys wrote in court papers.
The administration is also asking the appeals court to issue an “administrative stay,” which would put Frimpong’s order on hold for a short period of time while the court weighs whether to put it on hold for much longer.
Attorneys with the ACLU of Southern California, which helped bring the case, are urging the 9th Circuit to reject the request for a short-term pause.
The legal challenge alleged that the Department of Homeland Security — which oversees Immigration and Customs Enforcement — has made unconstitutional arrests and prevented detainees’ access to attorneys.
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