LOS ANGELES – A Court of Appeal On Friday, the ruling of a federal court of a Los Angeles remained in place that prohibits immigration agents from using the spoken language or job of a person, such as day laborer, as the only pretext to hold people.
The 9th American Court of Appeal in its ruling said that there seemed to be one issue with the American district judge Maam Ewusi-Mensah Frimpong’s temporary limiting order, but it did not destroy it as the government was looking for.
The Court of Appeal said that part of the temporary house ban on 11 July seemed to be vague.
“However, the defendants will probably not succeed in their remaining arguments,” the court said, referring to the US government.
Frimpong, a judge at the American court for the central district of California in Los Angeles, issued the temporary limiting order after a lawsuit had been filed by people who claimed that they were held by immigration officers for no good reason.
Three people waited for a bus stop when they were held by immigration officers, and two others are American citizens who claim that they were being stopped and were questioned aggressively despite telling agents that they were civilians. Other organizations, including the United Farm Workers, also sued.
Frimpong wrote in the pronunciation of the temporary restrictive order that the suing of the people would probably succeed in proving that the federal government does indeed carry out roaming patrols without reasonable suspicion and denies access to lawyers. “
The restrictive order of 11 July prohibits the detention of people, unless the officer or agent has “a reasonable suspicion that the person to be stopped within the United States is contrary to US immigration legislation.”
It says that they cannot only base that suspicion on someone’s apparent breed or ethnicity; The fact that they speak Spanish or English with an accent; their presence at a certain location such as a bus stop or a daily pick -uplocation of the worker; Or the kind of work you do.
Los Angeles is the target of the Trump government for immigration -raids that the mayor of the city has remembered as a campaign to terrorize residents.
The lawsuit that led to the temporary restrictive order was brought against the Minister of Interior Security Kristi, the head of immigration and customs enforcement and others.
Kyle Harvick, the deputy incident commander for the government’s immigration campaign in Los Angeles, said that “certain types of companies, including carwashes” were chosen by immigration means “because experiences from the past have shown that illegal alien beings use and search at these locations,” said the court of appeal.
The Court of Appeal found that “the four listed factors in question – apparent breed or ethnicity, speaking Spanish or speaking English with an accent, a certain location and type of work, even when they are considered together – only describe a wide profile and” do not demonstrate reasonably suspicion for a certain stop. “
The court panel of the appeal said that the government did not dispute constitutional issues when he tried to have the temporary restrictive order remain.
“They have not meantfully disputed the conclusion of the court that any dependence on the four factors listed, alone or in combination, does not comply with the constitutional requirement of reasonable suspicion,” wrote the Vocational Panel of the Court of Appeal.
Mark Rosenbaum, Senior Special Counsel for Strategic Litigation at Public Counsel, among the groups representing people who have sued an indictment, said on Friday that the actions of immigration agents in the operation in Los Angeles were unconstitutional.
“Today’s statement sends a powerful message: the government cannot apologize to trusting racial profiling as a tool for enforcement of immigration,” said Rosenbaum. “These raids were unconstitutional, not supported by evidence and rooted in fear and harmful stereotypes, not in public safety.”
The Court of Appeal has established that part of the temporary order of Frimpong was vague, with regard to “except as legally permitted” in the clause on holding people on the basis of the four factors of race, Spanish, a location or type of work. But it otherwise denied the government’s motion for a stay.
Mayor of Los Angeles Karen Bass, a Democrat, called the Court of Appeal that ruled a victory.
“Today is a victory for the rule of law and for the city of Los Angeles,” she said in a statement. “The temporary restrictive order that our communities have protected against immigration means that use racial profiling and other illegal tactics in performing their cruel and aggressive enforcement attacks and sweeps will remain in place for the time being.”
The immigration raids launched in Los Angeles in June resulted in large protests in the city, some of which became violent. The Trump government sent National Guard -troops and Marines to Los Angeles in a movement convicted by Bass, California Gov. Gavin Newsom and others.
The Ministry of the Interior Security did not respond immediately to a request for comment at the end of Friday about the decision of the Court of Appeal.
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