The 9th U.S. Circuit Court of Appeals upheld a lower court's decision to block mass deportation patrols in Southern California, emphasizing that stops require reasonable suspicion. The ruling maintains a temporary restraining order that prevents enforcement agents from detaining individuals without proper justification. The court stated that reasonable suspicion cannot rely on factors such as race or ethnicity. The judges also noted that individuals could be subjected to these stops without prior action, underlining the impact of government policy on potential injuries.
The ruling leaves in place a temporary restraining order barring masked and heavily armed agents from snatching people off the streets of Southern California without first establishing reasonable suspicion that they are in the U.S. illegally.
Under the 4th Amendment, reasonable suspicion cannot be based solely on race, ethnicity, language, location or employment, either alone or in combination.
There is no predicate action that the individual plaintiffs would need to take, other than simply going about their lives, to potentially be subject to the challenged stops.
After the district court injunction here, the secretary of Homeland Security said, 'We are going to continue doing what we're doing' - so that's not a policy?
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