Los Angeles – A court of appeal on Friday kept the decision of a Los Angeles federal judge who prevents immigration agents from using the language or the spoken work of a person, like Day Worker, as the only pretext to hold them.
The 9th Circuit Court of Appeals in its decision said there seemed to be a question with the temporary ban on the American district judge Maame Ewusi-Mensah Frimpong, but it did not suspend it while the government was looking for.
The Court of Appeal said that part of the temporary prohibition order of July 11 referring to “unless authorization of the law” was too vague.
“The defendants, however, will not be able to succeed in their remaining arguments,” said the court, referring to the United States government.
FRIMPONG, judge of the American district court of the California central district in Los Angeles, made the order for temporary prohibition after immigration agents have filed a legal action.
Three people were waiting for a bus stop for jobs when they were detained by immigration officials, and two others are American citizens who claim to have been arrested and aggressively interviewed despite the agents they were citizens. Other organizations, including UNITED agricultural workers, have also continued.
Frimpong wrote in the temporary prohibition order according to which the prosecution of the people was “likely to succeed in proving that the federal government effectively leads itinerant patrols without reasonable suspicion and refusing access to lawyers”.
The July 11 prohibition order prohibits the detention of persons unless the officer or the agent “suspects reasonable that the person to arrest is in the United States in violation of the US immigration law”.
He says that they may not base this suspicion only on the breed or the apparent ethnicity of a person; The fact that they speak Spanish or English with an accent; Their presence in a particular location such as a bus stop or a day collection site; or the type of work we do.
Los Angeles was targeted by the Trump administration for immigration raids that the city mayor described as a campaign to terrorize residents.
The trial which led to the temporary prohibition order was filed against the interior secretary Kristi Noem, chief of immigration and the application of customs and others.
Kyle Harvick, the commander of the deputy incident of the government’s immigration action in Los Angeles, said that “certain types of businesses, including washing” have been chosen by immigration agents “because past experiences have shown that illegal foreigners use and seek work on these locations,” said the decision of the Court of Appeal.
The Court of Appeal concluded that “the four factors listed in question – race or apparent ethnicity, speaking Spanish or English speaking with an accent, a particular location and a type of work, even when considered together – describe only a wide profile and” do not demonstrate reasonable suspicions for a particular stop “.”
The Court of Appeal committee said that the government had not challenged constitutional issues when they were trying to suspend the temporary ban order.
“They did not significantly challenge the conclusion of the district court according to which the only dependence on the four liable factors, alone or in combination, does not meet the constitutional obligation of reasonable suspicions,” wrote the Court of Appeal committee.
Mark Rosenbaum, main special lawyer for strategic disputes with the public council, which is one of the groups representing the persons who pursued, said on Friday that the actions of immigration agents in the Los Angeles operation were unconstitutional.
“Today’s decision sends a powerful message: the government cannot excuse illegal conduct based on racial profiling as an immigration application tool,” said Rosenbaum. “These raids were unconstitutional, not taken care of by evidence and rooted in fear and harmful stereotypes, not public security.”
The Court of Appeal noted that part of the temporary prescription of Frimpong was vague, concerning “unless authorized by law” in the clause of the detention of people according to the four breed factors, speaking Spanish, a location or a type of work. But he otherwise rejected the government’s request from suspension.
The mayor of Los Angeles, Karen Bass, a Democrat, described the court of appeal 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 prohibition order which protected our communities against immigration agents using racial profiling and other illegal tactics during their raids and aggressive sweeping will remain in place for the moment.”
The immigration raids launched in Los Angeles in June led to major demonstrations in the city, some of which have become violent. The Trump administration sent troops from the National Guard and Marines to Los Angeles in a decision that was sentenced by Bass, the governor of California Gavin Newsom, and others.
Friday, the Ministry of Homeland Security did not immediately respond to a request for comments on the decision of the Court of Appeal.