A federal appeals court on Friday upheld a lower court ruling that barred federal agents from carrying out immigration stops and arrests targeting illegal immigrants without probable cause in Los Angeles.
However, the panel agreed with DHS that the order’s clause, which prohibits federal agents from carrying out detentive stops based on certain factors “except as permitted by law,” was vague.
The panel stated that the phrase “permitted by law” in the restraining order is unclear even to lawyers and judges, let alone “lay persons who are the target of the injunction.”
“We therefore conclude that defendants are likely to succeed on the merits as to that specific clause. Defendants, however, are not likely to succeed on their remaining arguments,” the judges said.
Los Angeles Mayor Karen Bass welcomed the appeals court’s ruling, calling it a victory for the city.
DHS did not respond to a request for comment by publication time.
The government also argued that Frimpong ignored the Supreme Court’s June 27 decision rejecting universal injunctions.
Justice Department lawyers also said the original court action was filed by three individuals seeking release from immigration detention. However, the action was amended to add additional individuals and immigrant organizations in an apparent attempt to obtain a preferred judge and a broader ruling.
The lawsuit was filed on July 2 by five individuals and illegal immigrant advocacy groups—the Los Angeles Worker Center Network, United Farm Workers, the Coalition for Humane Immigrant Rights, and Immigrant Defenders Law Center—alleging that immigration operations violate the Fourth Amendment and Fifth Amendment rights of individuals targeted in the operations.
In the lawsuit, the plaintiffs alleged that brown-skinned individuals had suddenly been approached and pulled aside by federal agents “with a show of force” and were made to answer questions about their names and origins.
Such encounters allegedly could lead to arrests if the individuals targeted “hesitate, attempt to leave, or do not answer the questions to the satisfaction of the agents,” even though the agents allegedly may not have had warrants to detain them, according to the complaint.
“No federal judge has the authority to dictate immigration policy—that authority rests with Congress and the president,” White House spokeswoman Abigail Jackson said in an emailed response to The Epoch Times on July 16.
“Enforcement operations require careful planning and execution, skills far beyond the purview or jurisdiction of any judge. We expect this gross overstep of judicial authority to be corrected on appeal.”
Jill McLaughlin contributed to this report.
