Federal Court Finds Trump’s Immigration Enforcement Tactics Unconstitutional

The U.S. Court of Appeals for the Ninth Circuit late Friday backed a lower court ruling which found immigration raids targeting people based on their apparent racial identity, language spoken, or vicinity of their capture are unlawful — a decision which dealt a further blow to President Donald Trump’s authoritarian policies aimed at migrant workers and working-class communities in California and beyond.

In its ruling, the 3-judge panel of the federal court upheld a previous ruling by a U.S. District Court in early July which found the targeting of migrants during the raids was based not on suspicion of wrongdoing or criminal activity of any kind, but simply for speaking Spanish, appearing to be a certain ethnicity, or being near a location where certain workers tend to congregate, such as a bus stop, large hardware store, or agriculture site.

The ruling stems from a case brought against the Trump administration by the ACLU Foundation of Southern California, Public Counsel, workers, and others who argue the raids, which have touched off community anger and unease for months, are, in the words of Public Counsel’s senior attorney Mark Rosenbaum, “unconstitutional, unsupported by evidence, and rooted in fear and harmful stereotypes, not public safety.”

The 9th Circuit ruling means the lower court’s ban on such raids in certain areas of southern California will remain in place while the case proceeds.

As the New York Times notes, the latest ruling leaves the Trump administration with two legal options. “It can ask all the active Ninth Circuit judges to reconsider the panel’s Friday night decision,” the newspaper notes, “or it could ask the Supreme Court to issue a stay of [the lower court order issued on July 7.]”

In the meantime — though the legal battle is far from over — the plaintiffs in the case celebrated the ruling and vowed to continue their fight against Trump’s far-right, anti-immigrant agenda.

“This decision is further confirmation that the administration’s paramilitary invasion of Los Angeles violated the Constitution and caused irreparable injury across the region,” said Mohammad Tajsar, senior staff attorney at the ACLU Foundation of Southern California. “We look forward to holding the federal government accountable for these authoritarian horrors it unleashed in Southern California, and we invite every person of conscience to join us in defending the integrity and freedom of communities of color across the country.”

Lindsay Toczylowski, president and CEO of Immigrant Defenders Law Center, another party to the suit, also heralded the ruling.

“This decision reaffirms that nobody is above the law — not even the federal government,” said Toczylowski. “Southern California was never going to back down in the face of lawless attacks on our immigrant communities. Every person, regardless of immigration status, has the right to live, work, and belong in their community without being hunted, harassed, or locked away. While we celebrate this hard-fought victory, we remain relentless in protecting our clients in the courtroom and beyond.”