Melissa Ojeda

Decision lifts temporary order barring DHS from unlawful stop practices  

LOS ANGELES – Today, the Supreme Court granted the federal government’s request for a stay (or pause) of a temporary restraining order (TRO) prohibiting federal agencies–including the Department of Homeland Security (DHS)–from continuing their unlawful actions in Los Angeles and surrounding counties.    

The court judgment reverses the judgement from two lower courts in Vasquez Perdomo v. Noem that bars immigration agents from stopping individuals without reasonable suspicion and from relying solely on four factors – alone or in combination – including apparent race or ethnicity; speaking Spanish or English with an accent; presence in a particular location like a bus stop, car wash, or agricultural site; or the type of work a person does.  

Today’s unexplained order from the Supreme Court does not halt further proceedings in the case. On September 24, the federal district court will hear arguments on whether to issue a preliminary injunction based on additional evidence of the government’s unlawful tactics. 

In response, the following statements were issued: 

“When ICE grabbed me, they never showed a warrant or explained why. I was treated like I didn’t matter–locked up, cold, hungry, and without a lawyer. Now, the Supreme Court says that’s okay? That’s not justice. That’s racism with a badge,” said Pedro Vasquez Perdomo, named plaintiff in the case. “I joined this case because what happened to me is happening to others everyday just for being brown, speaking Spanish, or standing on a corner looking for work. The system failed us today, but I’m not staying silent. We’ll keep fighting because our lives are important.”

“This decision is a devastating setback for our plaintiffs and communities who, for months, have been subjected to immigration stops because of the color of their skin, occupation, or the language they speak,” said Mohammad Tajsar, senior staff attorney at the ACLU Foundation of Southern California. “In running to the Supreme Court to request this stay, the government made clear that its enforcement operation in Southern California is driven by race. We will continue fighting the administration’s racist deportation scheme to ensure every person living in Southern California—regardless of race or status—is safe.” 

“The Supreme Court’s ruling puts immigrant workers back in the crosshairs of racist, unlawful enforcement. By pausing the TRO, the court has turned its back on our communities and the Constitution, facilitating the Trump administration’s terror campaign against immigrant communities and communities of color. But we will not retreat. We will continue to defend our communities in court and on every corner, every job site, every day,” said Pablo Alvarado, Co-Executive Director of the National Day Laborer Organizing Network (NDLON). “NDLON stands with immigrant workers resisting fear and fighting for dignity. Angelenos are not waiting to be saved by courts or politicians. Only the people will protect the people. Solo el pueblo salva al pueblo.” 

“The Supreme Court has ruled in favor of racial profiling. A dark shadow has been cast over this country’s Constitution and its future,” said Armando Gudino, executive director of the Los Angeles Worker Center Network (LAWCN). “This is a dangerous precedent for immigrant rights and civil liberties. The decision legitimizes the unconstitutional practice of targeting individuals based on their race, language, or neighborhood. It turns back the clock on decades of legal progress and reinforces a system where some communities are seen as suspect by default.” 

“Today’s decision allows the Trump administration to resume racially discriminatory raids across Los Angeles, giving federal agents license to detain people without evidence or due process simply because of the color of their skin, the language they speak, or the work they do,” said Mark Rosenbaum, senior special counsel for strategic litigation at Public Counsel. Our community has come together to confront this injustice with courage and determination, uncovering the truth and showing the nation these raids were never about public safety but about targeting immigrants and sowing fear. This fight is not over. We will continue pressing our case in court until every person in our communities can live free from fear, with their rights and dignity fully protected.

“The Supreme Court’s decision deals a devastating blow to communities reeling from the government’s racially discriminatory raids. Through the stroke of a pen, through its emergency shadow docket, the court has written off decades of Fourth Amendment law. But we always knew this was going to be a long fight, and we are already preparing for what comes next,” said Annie Lai, director of the Immigrant and Racial Justice Solidarity Clinic at the UC Irvine School of Law. “Our clients have faced the government with incredible bravery and will continue to do so. We will be right there alongside them.”

“Today’s SCOTUS ruling puts farm workers — and every Californian who looks or sounds like they might be an immigrant — in greater danger,” said UFW President Teresa Romero. “This does not impact immigrants in a vacuum, it will affect all of us. We will continue to seek a preliminary injunction in this case, and we will keep fighting for farm workers and all immigrant communities across the USA.” 

“This administration’s war on immigrants is going to fail,” said Angelica Salas, Executive Director, Coalition for Humane Immigrant Rights (CHIRLA) Very soon, we’ll be back in court continuing the fight against these obviously illegal policies, and we’re confident that the judge will once again see, as she already saw that there is absolutely nothing legal about ICE targeting people based on their race, how they speak or their profession.  We will continue to watch, document, and protest peacefully what we see is lawless, mass round ups and a federal policy of cruelty and detention.” 

“Despite the Supreme Court’s disheartening decision to greenlight ICE’s unlawful, terror tactics, our commitment to Southern California’s immigrant communities is unwavering,” said Alvaro M. Huerta, director of litigation and advocacy at Immigrant Defenders Law Center (ImmDef). “Sadly, today’s decision effectively greenlights racial profiling while the case plays out in the lower courts. But we will continue to fight for the rights of immigrant communities, all of whom deserve dignity, due process, and equal protection under the law. This is not the end—it’s a call to action. All of us must understand and exercise our rights and protect our neighbors. ImmDef remains committed to this fight for the long haul and stands shoulder to shoulder with our clients, our partner organizations, and all Southern California community members who won’t back down both in the courts and in the streets.”

“The ICE raids—like the attacks on DEI and the demonization of LGBTQ people – are the Trump administration’s attempt to treat people like second-class citizens because of who they are, what they look like or whom they love,” said Chandra Bhatnagar, executive director of the ACLU Foundation of Southern California. “All people are entitled to fundamental rights under our Constitution and we will continue to defend our communities from discrimination and abuse.”

See the ruling: https://www.aclusocal.org/sites/default/files/25a169.pdf 

 

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