Perdomo, et al. v. Noem
Overview
Overview
The government appealed Judge Frimpong's order which prevents federal immigration agents from using race, ethnicity, Spanish language skills, presence at a particular location, or type of work one does as a basis to stop and question individuals about their immigration status.
The Issue
Issue
Whether federal immigration agents may use race, ethnicity, Spanish language ability, location, or employment type as factors in deciding whether to stop and question individuals about their immigration status.
The Rules
Rule
Immigration stops must comply with Fourth Amendment protections against unreasonable searches and seizures and cannot rely primarily on immutable characteristics in violation of equal protection principles, though certain articulable factors may be considered in immigration enforcement decisions.
The Application
Analysis
The district court enjoined federal agents from using any of these criteria as a basis for stops, finding they violated constitutional protections. The government appeals, arguing that location and employment context are relevant to immigration enforcement and that a categorical prohibition exceeds the court's proper authority.
The Conclusion
Conclusion
The Ninth Circuit appeal is pending, with the court to determine whether the lower court's protective injunction stands or is reversed or modified on appeal.
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