The Trump administration on Monday requested a federal appeals court to temporarily halt a sweeping order issued by a California judge that restricts immigration arrests without probable cause in Southern California.
U.S. District Judge Maame Ewusi-Mensah Frimpong’s ruling, issued Friday, directs the Department of Homeland Security (DHS) to craft clear guidance on what constitutes “reasonable suspicion.” The order prohibits relying on factors such as race, ethnicity, language, accent, presence at certain locations like bus stops, or job type when making immigration arrests.
This ruling applies only to the seven-county area of the U.S. Central District of California, encompassing Los Angeles and its surrounding counties.
Government Challenges Judicial Authority
The Department of Justice (DOJ) has appealed to the 9th U.S. Circuit Court of Appeals, asking for a stay on the order while the case proceeds. The administration claims that Judge Frimpong, appointed during President Biden’s tenure, exceeded her authority by effectively reshaping federal immigration enforcement policies.
In court filings, DOJ attorneys described the ruling as a “judicial takeover” of executive branch functions, stating:
“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.’”
The administration also seeks an “administrative stay” to temporarily pause the order as the court decides whether a longer suspension is warranted.
The American Civil Liberties Union (ACLU) of Southern California, which supported the lawsuit, opposes the request for a short-term stay, urging the appeals court to allow the judge’s order to stand.
The case challenges alleged unconstitutional arrests by DHS’s Immigration and Customs Enforcement (ICE) and claims that detainees were denied access to legal counsel.
What The Author Thinks
This legal battle highlights the ongoing tension between the judiciary and executive branches over immigration policy enforcement. While courts play a vital role in protecting constitutional rights, it’s equally important that they respect the authority of executive agencies. Clear, fair guidelines that prevent profiling and protect civil liberties are crucial, but so is ensuring that the government can enforce immigration laws effectively. A collaborative, balanced approach is necessary to maintain both security and justice.
Featured image credit: Penn Capital-Star
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