{"id":126624,"date":"2025-07-14T11:03:41","date_gmt":"2025-07-14T19:03:41","guid":{"rendered":"https:\/\/xira.com\/p\/2025\/07\/14\/judge-orders-ice-goons-to-stop-racial-profiling-and-start-following-the-constitution\/"},"modified":"2025-07-14T11:03:41","modified_gmt":"2025-07-14T19:03:41","slug":"judge-orders-ice-goons-to-stop-racial-profiling-and-start-following-the-constitution","status":"publish","type":"post","link":"https:\/\/xira.com\/p\/2025\/07\/14\/judge-orders-ice-goons-to-stop-racial-profiling-and-start-following-the-constitution\/","title":{"rendered":"Judge Orders ICE Goons To Stop Racial Profiling And Start Following The Constitution"},"content":{"rendered":"<p>The Supreme Court is perfectly willing to let the Trump administration break the law, but trial judges are not. And so on Friday, yet another federal district court judge issued an injunction attempting to rein in ICE\u2019s goon squads. In a case captioned <a href=\"https:\/\/www.courtlistener.com\/docket\/70594806\/pedro-vasquez-perdomo-v-kristi-noem\/?filed_after=&amp;filed_before=&amp;entry_gte=&amp;entry_lte=&amp;order_by=desc\" rel=\"nofollow noopener\" target=\"_blank\"><em>Perdomo v. Noem<\/em><\/a>, Judge Maami Ewusi-Mensah Frimpong of the Central District of California issued a <a href=\"https:\/\/storage.courtlistener.com\/recap\/gov.uscourts.cacd.975351\/gov.uscourts.cacd.975351.87.0_2.pdf\" rel=\"nofollow noopener\" target=\"_blank\">temporary restraining order<\/a> barring the the Department of Homeland Security from snatching up every non-white person they can get their hands on and locking them in a basement without access to food, water, medicine, or counsel.<\/p>\n<p>Specifically, she ordered DHS to stop dispatching \u201croving patrols\u201d of ICE agents to arrest people without cause and to give detainees access to their lawyers.<\/p>\n<p>As Judge Frimpong noted, requiring the government to abide by the Constitution\u2019s guarantees of process and access to counsel should be \u201cfairly simple and non-controversial.\u201d Nevertheless, the Trump administration already <a href=\"https:\/\/www.courtlistener.com\/docket\/70594806\/pedro-vasquez-perdomo-v-kristi-noem\/?filed_after=&amp;filed_before=&amp;entry_gte=&amp;entry_lte=&amp;order_by=desc\" rel=\"nofollow noopener\" target=\"_blank\">noticed its appeal<\/a> to the Ninth Circuit (even though TROs are not immediately appealable).<\/p>\n<h2 class=\"wp-block-heading\">LA Raiders<\/h2>\n<p>On the campaign trail, Donald Trump promised to be the deporter-in-chief. But in fact, his deportations got off to a slow start, with fewer than 1,000 immigrants arrested a day for months. This infuriated Stephen Miller, the president\u2019s xenophobia czar.<\/p>\n<p>\u201cWhy aren\u2019t you at Home Depot? Why aren\u2019t you at 7-Eleven?\u201d he screamed at ICE agents in May, according to the <a href=\"https:\/\/www.washingtonexaminer.com\/news\/white-house\/3425297\/stephen-miller-eviscerated-ice-officials-deportation-numbers\/\" rel=\"nofollow noopener\" target=\"_blank\">Washington Examiner<\/a>. On May 28, Miller and DHS Secretary Kristi Noem <a href=\"https:\/\/www.theguardian.com\/us-news\/2025\/may\/29\/trump-ice-arrest-quota\" rel=\"nofollow noopener\" target=\"_blank\">tripled<\/a> ICE\u2019s quota to 3,000 daily arrests.<\/p>\n<p>\u201cUnder President Trump\u2019s leadership, we are looking to set a goal of a minimum of 3,000 arrests for ICE every day, and President Trump is going to keep pushing to get that number up higher each and every single day, so we can get all of the Biden illegals that were flooded into our country for four years out of our country,\u201d Miller <a href=\"https:\/\/www.youtube.com\/watch?v=MJNXsOqFSZs\" rel=\"nofollow noopener\" target=\"_blank\">boasted<\/a> to Sean Hannity.<\/p>\n<p>A week later, Trump dispatched ICE to Los Angeles, promising \u201cthe largest Mass Deportation Operation in History.\u201d<\/p>\n<p>Since then, heavily armed ICE agents and federal officers have conducted military-style raids on farms and farmers\u2019 markets, car washes, bus stops, swap meets, churches, and public parks. The agents, typically decked out in body armor and wearing masks without any visible badges or insignia, don\u2019t have arrest warrants, and routinely refuse to identify themselves.<\/p>\n<p>ICE goons demand proof of citizenship from anyone who \u201clooks Hispanic,\u201d and they\u2019ve even <a href=\"https:\/\/www.cbsnews.com\/news\/us-citizen-detained-by-ice-francisco-erwin-galicia-border-officials-conditions-bad-almost-self-deported\" rel=\"nofollow noopener\" target=\"_blank\">detained many citizens<\/a> who failed to carry around their passports. Indeed, the entire premise of Stephen Miller\u2019s \u201c7-Eleven\u201d exhortation was that ICE agents should go where immigrants seek work and racially profile their way to meet the required body count.<\/p>\n<p>But tripling arrests to meet an arbitrary quota doesn\u2019t magically create the infrastructure to detain them in accordance with the Constitution. Immigrants are being held in a temporary processing facility in the basement of a federal building known as B-18. B-18 is not a detention facility: It has no beds, showers, or medical facilities. Detainees are packed into \u201csmall, windowless rooms\u201d that are \u201cso cramped that detainees cannot sit, let alone lie down, for hours at a time.\u201d They\u2019ve been denied food, fresh water, and medical supplies. <em>That\u2019s torture.<\/em><\/p>\n<p>Worse, the administration has also denied detainees held at B-18 \u2014 many of whom are citizens and have broken no laws \u2014 the right to counsel. On at least one occasion, ICE closed the building to visitors and <em>pepper-sprayed<\/em> lawyers and family members who tried to get in to see detainees being held there. As Judge Frimpong described it, \u201cOn the rare occasions when attorneys and family members were allowed access to their clients or loved ones, they were made to wait hours at a time to see them, and the resulting visits were limited to a mere five to ten minutes.\u201d<\/p>\n<p>Since the raids began on June 6, 2025, over 1,500 people have been arrested in the Los Angeles metro area. Hundreds are currently being held in that basement.<\/p>\n<h2 class=\"wp-block-heading\">The best defense is a good offense<\/h2>\n<p>None of this is remotely legal, and the government hasn\u2019t even attempted to argue that it is. DOJ lawyers more or less conceded in open court that it\u2019s unlawful to arrest people without cause based solely on their race and occupation and then deny them access to counsel. Instead, the government raised various procedural arguments, complaining that the plaintiffs waited over a month to file their complaint and \u201celected not to file a new case\u201d but instead joined an existing habeas case.<\/p>\n<p>It takes a particular kind of chutzpah to deny detainees meaningful access to a lawyer and then complain that they <em>took too long to file their complaint<\/em>.<\/p>\n<p>Judge Frimpong was deeply unimpressed:<\/p>\n<blockquote class=\"wp-block-quote is-layout-flow wp-block-quote-is-layout-flow\">\n<p>The Court finds that Plaintiffs acted expeditiously in this case. \u2026 Considering the totality of the circumstances-in particular, the alleged ongoing denial of access to counsel that continued at least until the filing of the instant TRO\u2026 the Court finds that Plaintiffs acted swiftly to file the first amended complaint and the instant TROs.<\/p>\n<\/blockquote>\n<p>The administration also argued that the court lacks jurisdiction to hear plaintiffs\u2019 claims because of <a href=\"https:\/\/www.law.cornell.edu\/uscode\/text\/8\/1252\" rel=\"nofollow noopener\" target=\"_blank\">8 U.S.C. \u00a7 1252<\/a>, which limits how detainees may challenge final orders of removal issued by an immigration judge. But that argument flatly contradicts long-standing Supreme Court precedent as well as common sense. Since many of the plaintiffs in this case <em>are US citizens<\/em> who have been unlawfully arrested and detained, they don\u2019t have immigration proceedings or orders of removal, final or otherwise. As Judge Frimpong concluded, it simply \u201ccannot be\u201d the case that citizens have no venue to raise constitutional claims \u201cand none of the authority cited by Defendants says it is.\u201d<\/p>\n<p>The only other argument made by the government in its defense was to \u201cattempt to minimize the impact\u201d of the raids by \u201ccharacteriz[ing] them as limited to a short period of time justified by nearby civil unrest.\u201d<\/p>\n<h2 class=\"wp-block-heading\">Knock that shit off<\/h2>\n<p>Judge Frimpong\u2019s TRO has two components: First, it mandates that anyone warehoused at B-18 shall have meaningful access to counsel. The government must open B-18 for legal visitation \u201cseven days per week, for a minimum of eight hours per day on business days (Monday through Friday), and a minimum of four hours per day on weekends and holidays.\u201d Detainees must also be permitted \u201caccess to confidential telephone calls with attorneys, legal representatives, and legal assistants at no charge to the detainee,\u201d and those calls \u201cshall not be screened, recorded, or otherwise monitored.\u201d<\/p>\n<p>Second, the order requires ICE to quit arresting people for the \u201ccrime\u201d of being Hispanic and standing outside a convenience store.<\/p>\n<p>\u201cAs required by the Fourth Amendment of the United States Constitution, Defendants are enjoined from conducting detentive stops in this District unless the agent or officer has reasonable suspicion that the person to be stopped is within the United States in violation of U.S. immigration law,\u201d she wrote.<\/p>\n<p>And reasonable suspicion cannot be some form of \u201che fit the profile.\u201d<\/p>\n<blockquote class=\"wp-block-quote is-style-plain is-layout-flow wp-block-quote-is-layout-flow\">\n<p>Defendants may not rely solely on the factors below, alone or in combination, to form reasonable suspicion for a detentive stop, except as permitted by law;<\/p>\n<ol class=\"wp-block-list\">\n<li>Apparent race or ethnicity;<\/li>\n<li>Speaking Spanish or speaking English with an accent;<\/li>\n<li>Presence at a particular location (e.g., bus stop, car wash, tow yard, day laborer pick-up site, agricultural site, etc.); or<\/li>\n<li>The type of work one does.<\/li>\n<\/ol>\n<\/blockquote>\n<p>As a remedial measure, the judge also required ICE to document the grounds for stops occurring in the district and retrain officers to understand the difference between reasonable suspicion and racial profiling.<\/p>\n<p>\u201cThe Court does not find prejudice to Defendants,\u201d she concluded. \u201cComplying with the law does not impose harm,\u201d and \u201crequiring law enforcement to comply with the Constitution does not prevent law enforcement from enforcing the law.\u201d<\/p>\n<h2 class=\"wp-block-heading\">Bragging about your crimes<\/h2>\n<p>The right-wing reaction to Judge Frimpong\u2019s order has been predictably disingenuous. The most common take is to pretend that a ban on racial profiling is actually a ban on making arrests at 7- Eleven and Home Depot.<\/p>\n<p>\u201cThis is the equivalent of a judge making the ruling that the DEA can\u2019t go search individuals for drugs and narcotics on Skid Row in LA,\u201d <a href=\"https:\/\/x.com\/devorydarkins\/status\/1943684722535870658\" rel=\"nofollow\">babbled<\/a> whichever central casting rando is sitting on the white couch at Fox and Friends this week. \u201cIt makes no sense. They are carrying out federal immigration law.\u201d<\/p>\n<p>Except that the DEA <em>can\u2019t<\/em> just go search individuals for drugs and narcotics on Skid Row in LA! Cops need reasonable suspicion to arrest and search people, and looking like a drug user in a place where people use drugs won\u2019t cut it.<\/p>\n<p>That same morning, America\u2019s Nazi uncle Tom Homan <a href=\"https:\/\/bsky.app\/profile\/atrupar.com\/post\/3ltoyyfr5vt2m\" rel=\"nofollow noopener\" target=\"_blank\">beamed<\/a> in to lawsplain to Judge Frimpong that ICE is 100 percent doing racial profiling.<\/p>\n<figure class=\"wp-block-embed is-type-rich is-provider-bluesky-social wp-block-embed-bluesky-social\">\n<div class=\"wp-block-embed__wrapper\">\n<blockquote class=\"bluesky-embed\" data-bluesky-uri=\"at:\/\/did:plc:4llrhdclvdlmmynkwsmg5tdc\/app.bsky.feed.post\/3ltoyyfr5vt2m\" data-bluesky-cid=\"bafyreielfgriu2bhuych2dtqrphcwtmz6cz2yduuhxl2gf23opfzv6mqxm\">\n<p lang=\"en\">Homan: &#8220;People need to understand ICE officers and Border Patrol don&#8217;t need probable cause to walk up to somebody, briefly detain them, and question them \u2026 based on their physical appearance.&#8221;<\/p>\n<p>\u2014 <a href=\"https:\/\/bsky.app\/profile\/did:plc:4llrhdclvdlmmynkwsmg5tdc?ref_src=embed\" rel=\"nofollow noopener\" target=\"_blank\">Aaron Rupar (@atrupar.com)<\/a> <a href=\"https:\/\/bsky.app\/profile\/did:plc:4llrhdclvdlmmynkwsmg5tdc\/post\/3ltoyyfr5vt2m?ref_src=embed\" rel=\"nofollow noopener\" target=\"_blank\">2025-07-11T14:00:48.971Z<\/a><\/p><\/blockquote>\n<\/div>\n<\/figure>\n<blockquote class=\"wp-block-quote is-layout-flow wp-block-quote-is-layout-flow\">\n<p>Look, people need to understand, ICE officers and Border Patrol don\u2019t need probable cause to walk up to somebody, briefly detain them, and question them. They just need totality of the circumstances, right? They just go through the observation, get our typical facts based on the location, the occupation, their physical appearance, their actions. A uniformed border patrol officer walks up to them at for instance a Home Depot and they got all these other articulable facts, plus the person walks away or runs away.<\/p>\n<\/blockquote>\n<p>But Homan is not a lawyer, and so perhaps on Saturday one of the attorneys at DHS sat him down and explained that he\u2019d just admitted that ICE agents routinely violate the Constitution. By Sunday, he was <a href=\"https:\/\/www.cnn.com\/2025\/07\/13\/politics\/video\/border-czar-homan-responds-to-ice-raids-in-los-angeles\" rel=\"nofollow noopener\" target=\"_blank\">back on air<\/a> with CNN\u2019s Dana Bash explaining that adding up a bunch of illegal factors magically makes it legal to racially profile someone:<\/p>\n<blockquote class=\"wp-block-quote is-layout-flow wp-block-quote-is-layout-flow\">\n<blockquote class=\"wp-block-quote is-layout-flow wp-block-quote-is-layout-flow\">\n<p>As I said in that interview, it\u2019s articulable facts, with an S. So appearance can be just one. For instance, if someone has an MS-13 tattoo on their face, that may be one factor to add to other factors to raise reasonable suspicion.<\/p>\n<p>I want to be clear about that again, because my words were taken out of context. Physical description cannot be the sole reason to detain and question somebody. That can\u2019t be the sole reason to raise reasonable suspicion. It\u2019s a myriad of factors. And I could sit here for the next half-hour and give you all the factors.<\/p>\n<\/blockquote>\n<\/blockquote>\n<p>So weird that they send this guy on TV but never to court!<\/p>\n<p>This argument will likely go nowhere with the Ninth Circuit. But the Supreme Court appears willing to burn down generations-worth of civil rights law to avoid saying \u201cno\u201d to Trump. So \u2026 \u00af<em>(\u30c4)<\/em>\/\u00af<\/p>\n<p><a href=\"https:\/\/www.lawandchaospod.com\/\" target=\"_blank\" rel=\"noreferrer noopener nofollow\"><em>Subscribe to read more at Law and Chaos\u2026.<\/em><\/a><\/p>\n<hr class=\"wp-block-separator has-alpha-channel-opacity\">\n<p class=\"has-text-align-center\"><em><strong><a href=\"https:\/\/bsky.app\/profile\/lizdye.bsky.social\" target=\"_blank\" rel=\"noreferrer noopener nofollow\">Liz Dye<\/a>\u00a0and\u00a0<a href=\"https:\/\/bsky.app\/profile\/andrewtorrez.bsky.social\" target=\"_blank\" rel=\"noreferrer noopener nofollow\">Andrew Torrez<\/a>\u00a0produce the Law and Chaos\u00a0<a href=\"https:\/\/www.lawandchaospod.com\/\" target=\"_blank\" rel=\"noreferrer noopener nofollow\">Substack\u00a0<\/a>and\u00a0<a href=\"https:\/\/podcasts.apple.com\/us\/podcast\/law-and-chaos\/id1727769913\" target=\"_blank\" rel=\"noreferrer noopener nofollow\">podcast<\/a>.<\/strong><\/em> <em><strong>You can subscribe to their Substack by clicking the logo:<a href=\"https:\/\/www.lawandchaospod.com\/\" rel=\"nofollow noopener\" target=\"_blank\"><img data-recalc-dims=\"1\" decoding=\"async\" loading=\"lazy\" class=\"aligncenter wp-image-1163974 size-medium\" src=\"https:\/\/i0.wp.com\/abovethelaw.com\/wp-content\/uploads\/sites\/4\/2025\/06\/law-and-chaos-logo-liz-dye-300x153.jpg?resize=300%2C153&#038;ssl=1\" alt=\"\" width=\"300\" height=\"153\" title=\"\"><\/a><\/strong><\/em><\/p>\n<p>The post <a href=\"https:\/\/abovethelaw.com\/2025\/07\/judge-orders-ice-goons-to-stop-racial-profiling-and-start-following-the-constitution\/\" rel=\"nofollow noopener\" target=\"_blank\">Judge Orders ICE Goons To Stop Racial Profiling And Start Following The Constitution<\/a> appeared first on <a href=\"https:\/\/abovethelaw.com\/\" rel=\"nofollow noopener\" target=\"_blank\">Above the Law<\/a>.<\/p>\n<figure class=\"post-single__featured-image post-single__featured-image--medium alignright\"><img data-recalc-dims=\"1\" loading=\"lazy\" decoding=\"async\" width=\"300\" height=\"200\" src=\"https:\/\/i0.wp.com\/abovethelaw.com\/wp-content\/uploads\/sites\/4\/2025\/06\/GettyImages-2219021948-300x200.jpg?resize=300%2C200&#038;ssl=1\" class=\"attachment-medium size-medium wp-post-image\" alt=\"\" title=\"\"><figcaption class=\"post-single__featured-image-caption\">\n\t\t\t\t\t\t\t(Photo by David McNew\/Getty Images)\t\t\t\t\t\t<\/figcaption><\/figure>\n<p>The Supreme Court is perfectly willing to let the Trump administration break the law, but trial judges are not. And so on Friday, yet another federal district court judge issued an injunction attempting to rein in ICE\u2019s goon squads. In a case captioned <a href=\"https:\/\/www.courtlistener.com\/docket\/70594806\/pedro-vasquez-perdomo-v-kristi-noem\/?filed_after=&amp;filed_before=&amp;entry_gte=&amp;entry_lte=&amp;order_by=desc\" rel=\"nofollow noopener\" target=\"_blank\"><em>Perdomo v. Noem<\/em><\/a>, Judge Maami Ewusi-Mensah Frimpong of the Central District of California issued a <a href=\"https:\/\/storage.courtlistener.com\/recap\/gov.uscourts.cacd.975351\/gov.uscourts.cacd.975351.87.0_2.pdf\" rel=\"nofollow noopener\" target=\"_blank\">temporary restraining order<\/a> barring the the Department of Homeland Security from snatching up every non-white person they can get their hands on and locking them in a basement without access to food, water, medicine, or counsel.<\/p>\n<p>Specifically, she ordered DHS to stop dispatching \u201croving patrols\u201d of ICE agents to arrest people without cause and to give detainees access to their lawyers.<\/p>\n<p>As Judge Frimpong noted, requiring the government to abide by the Constitution\u2019s guarantees of process and access to counsel should be \u201cfairly simple and non-controversial.\u201d Nevertheless, the Trump administration already <a href=\"https:\/\/www.courtlistener.com\/docket\/70594806\/pedro-vasquez-perdomo-v-kristi-noem\/?filed_after=&amp;filed_before=&amp;entry_gte=&amp;entry_lte=&amp;order_by=desc\" rel=\"nofollow noopener\" target=\"_blank\">noticed its appeal<\/a> to the Ninth Circuit (even though TROs are not immediately appealable).<\/p>\n<p>On the campaign trail, Donald Trump promised to be the deporter-in-chief. But in fact, his deportations got off to a slow start, with fewer than 1,000 immigrants arrested a day for months. This infuriated Stephen Miller, the president\u2019s xenophobia czar.<\/p>\n<p>\u201cWhy aren\u2019t you at Home Depot? Why aren\u2019t you at 7-Eleven?\u201d he screamed at ICE agents in May, according to the <a href=\"https:\/\/www.washingtonexaminer.com\/news\/white-house\/3425297\/stephen-miller-eviscerated-ice-officials-deportation-numbers\/\" rel=\"nofollow noopener\" target=\"_blank\">Washington Examiner<\/a>. On May 28, Miller and DHS Secretary Kristi Noem <a href=\"https:\/\/www.theguardian.com\/us-news\/2025\/may\/29\/trump-ice-arrest-quota\" rel=\"nofollow noopener\" target=\"_blank\">tripled<\/a> ICE\u2019s quota to 3,000 daily arrests.<\/p>\n<p>\u201cUnder President Trump\u2019s leadership, we are looking to set a goal of a minimum of 3,000 arrests for ICE every day, and President Trump is going to keep pushing to get that number up higher each and every single day, so we can get all of the Biden illegals that were flooded into our country for four years out of our country,\u201d Miller <a href=\"https:\/\/www.youtube.com\/watch?v=MJNXsOqFSZs\" rel=\"nofollow noopener\" target=\"_blank\">boasted<\/a> to Sean Hannity.<\/p>\n<p>A week later, Trump dispatched ICE to Los Angeles, promising \u201cthe largest Mass Deportation Operation in History.\u201d<\/p>\n<p>Since then, heavily armed ICE agents and federal officers have conducted military-style raids on farms and farmers\u2019 markets, car washes, bus stops, swap meets, churches, and public parks. The agents, typically decked out in body armor and wearing masks without any visible badges or insignia, don\u2019t have arrest warrants, and routinely refuse to identify themselves.<\/p>\n<p>ICE goons demand proof of citizenship from anyone who \u201clooks Hispanic,\u201d and they\u2019ve even <a href=\"https:\/\/www.cbsnews.com\/news\/us-citizen-detained-by-ice-francisco-erwin-galicia-border-officials-conditions-bad-almost-self-deported\" rel=\"nofollow noopener\" target=\"_blank\">detained many citizens<\/a> who failed to carry around their passports. Indeed, the entire premise of Stephen Miller\u2019s \u201c7-Eleven\u201d exhortation was that ICE agents should go where immigrants seek work and racially profile their way to meet the required body count.<\/p>\n<p>But tripling arrests to meet an arbitrary quota doesn\u2019t magically create the infrastructure to detain them in accordance with the Constitution. Immigrants are being held in a temporary processing facility in the basement of a federal building known as B-18. B-18 is not a detention facility: It has no beds, showers, or medical facilities. Detainees are packed into \u201csmall, windowless rooms\u201d that are \u201cso cramped that detainees cannot sit, let alone lie down, for hours at a time.\u201d They\u2019ve been denied food, fresh water, and medical supplies. <em>That\u2019s torture.<\/em><\/p>\n<p>Worse, the administration has also denied detainees held at B-18 \u2014 many of whom are citizens and have broken no laws \u2014 the right to counsel. On at least one occasion, ICE closed the building to visitors and <em>pepper-sprayed<\/em> lawyers and family members who tried to get in to see detainees being held there. As Judge Frimpong described it, \u201cOn the rare occasions when attorneys and family members were allowed access to their clients or loved ones, they were made to wait hours at a time to see them, and the resulting visits were limited to a mere five to ten minutes.\u201d<\/p>\n<p>Since the raids began on June 6, 2025, over 1,500 people have been arrested in the Los Angeles metro area. Hundreds are currently being held in that basement.<\/p>\n<p>None of this is remotely legal, and the government hasn\u2019t even attempted to argue that it is. DOJ lawyers more or less conceded in open court that it\u2019s unlawful to arrest people without cause based solely on their race and occupation and then deny them access to counsel. Instead, the government raised various procedural arguments, complaining that the plaintiffs waited over a month to file their complaint and \u201celected not to file a new case\u201d but instead joined an existing habeas case.<\/p>\n<p>It takes a particular kind of chutzpah to deny detainees meaningful access to a lawyer and then complain that they <em>took too long to file their complaint<\/em>.<\/p>\n<p>Judge Frimpong was deeply unimpressed:<\/p>\n<blockquote class=\"wp-block-quote is-layout-flow wp-block-quote-is-layout-flow\">\n<p>The Court finds that Plaintiffs acted expeditiously in this case. \u2026 Considering the totality of the circumstances-in particular, the alleged ongoing denial of access to counsel that continued at least until the filing of the instant TRO\u2026 the Court finds that Plaintiffs acted swiftly to file the first amended complaint and the instant TROs.<\/p>\n<\/blockquote>\n<p>The administration also argued that the court lacks jurisdiction to hear plaintiffs\u2019 claims because of <a href=\"https:\/\/www.law.cornell.edu\/uscode\/text\/8\/1252\" rel=\"nofollow noopener\" target=\"_blank\">8 U.S.C. \u00a7 1252<\/a>, which limits how detainees may challenge final orders of removal issued by an immigration judge. But that argument flatly contradicts long-standing Supreme Court precedent as well as common sense. Since many of the plaintiffs in this case <em>are US citizens<\/em> who have been unlawfully arrested and detained, they don\u2019t have immigration proceedings or orders of removal, final or otherwise. As Judge Frimpong concluded, it simply \u201ccannot be\u201d the case that citizens have no venue to raise constitutional claims \u201cand none of the authority cited by Defendants says it is.\u201d<\/p>\n<p>The only other argument made by the government in its defense was to \u201cattempt to minimize the impact\u201d of the raids by \u201ccharacteriz[ing] them as limited to a short period of time justified by nearby civil unrest.\u201d<\/p>\n<p>Judge Frimpong\u2019s TRO has two components: First, it mandates that anyone warehoused at B-18 shall have meaningful access to counsel. The government must open B-18 for legal visitation \u201cseven days per week, for a minimum of eight hours per day on business days (Monday through Friday), and a minimum of four hours per day on weekends and holidays.\u201d Detainees must also be permitted \u201caccess to confidential telephone calls with attorneys, legal representatives, and legal assistants at no charge to the detainee,\u201d and those calls \u201cshall not be screened, recorded, or otherwise monitored.\u201d<\/p>\n<p>Second, the order requires ICE to quit arresting people for the \u201ccrime\u201d of being Hispanic and standing outside a convenience store.<\/p>\n<p>\u201cAs required by the Fourth Amendment of the United States Constitution, Defendants are enjoined from conducting detentive stops in this District unless the agent or officer has reasonable suspicion that the person to be stopped is within the United States in violation of U.S. immigration law,\u201d she wrote.<\/p>\n<p>And reasonable suspicion cannot be some form of \u201che fit the profile.\u201d<\/p>\n<blockquote class=\"wp-block-quote is-style-plain is-layout-flow wp-block-quote-is-layout-flow\">\n<p>Defendants may not rely solely on the factors below, alone or in combination, to form reasonable suspicion for a detentive stop, except as permitted by law;<\/p>\n<ol class=\"wp-block-list\">\n<li>Apparent race or ethnicity;<\/li>\n<li>Speaking Spanish or speaking English with an accent;<\/li>\n<li>Presence at a particular location (e.g., bus stop, car wash, tow yard, day laborer pick-up site, agricultural site, etc.); or<\/li>\n<li>The type of work one does.<\/li>\n<\/ol>\n<\/blockquote>\n<p>As a remedial measure, the judge also required ICE to document the grounds for stops occurring in the district and retrain officers to understand the difference between reasonable suspicion and racial profiling.<\/p>\n<p>\u201cThe Court does not find prejudice to Defendants,\u201d she concluded. \u201cComplying with the law does not impose harm,\u201d and \u201crequiring law enforcement to comply with the Constitution does not prevent law enforcement from enforcing the law.\u201d<\/p>\n<p>The right-wing reaction to Judge Frimpong\u2019s order has been predictably disingenuous. The most common take is to pretend that a ban on racial profiling is actually a ban on making arrests at 7- Eleven and Home Depot.<\/p>\n<p>\u201cThis is the equivalent of a judge making the ruling that the DEA can\u2019t go search individuals for drugs and narcotics on Skid Row in LA,\u201d <a href=\"https:\/\/x.com\/devorydarkins\/status\/1943684722535870658\" rel=\"nofollow\">babbled<\/a> whichever central casting rando is sitting on the white couch at Fox and Friends this week. \u201cIt makes no sense. They are carrying out federal immigration law.\u201d<\/p>\n<p>Except that the DEA <em>can\u2019t<\/em> just go search individuals for drugs and narcotics on Skid Row in LA! Cops need reasonable suspicion to arrest and search people, and looking like a drug user in a place where people use drugs won\u2019t cut it.<\/p>\n<p>That same morning, America\u2019s Nazi uncle Tom Homan <a href=\"https:\/\/bsky.app\/profile\/atrupar.com\/post\/3ltoyyfr5vt2m\" rel=\"nofollow noopener\" target=\"_blank\">beamed<\/a> in to lawsplain to Judge Frimpong that ICE is 100 percent doing racial profiling.<\/p>\n<blockquote class=\"wp-block-quote is-layout-flow wp-block-quote-is-layout-flow\">\n<p>Look, people need to understand, ICE officers and Border Patrol don\u2019t need probable cause to walk up to somebody, briefly detain them, and question them. They just need totality of the circumstances, right? They just go through the observation, get our typical facts based on the location, the occupation, their physical appearance, their actions. A uniformed border patrol officer walks up to them at for instance a Home Depot and they got all these other articulable facts, plus the person walks away or runs away.<\/p>\n<\/blockquote>\n<p>But Homan is not a lawyer, and so perhaps on Saturday one of the attorneys at DHS sat him down and explained that he\u2019d just admitted that ICE agents routinely violate the Constitution. By Sunday, he was <a href=\"https:\/\/www.cnn.com\/2025\/07\/13\/politics\/video\/border-czar-homan-responds-to-ice-raids-in-los-angeles\" rel=\"nofollow noopener\" target=\"_blank\">back on air<\/a> with CNN\u2019s Dana Bash explaining that adding up a bunch of illegal factors magically makes it legal to racially profile someone:<\/p>\n<blockquote class=\"wp-block-quote is-layout-flow wp-block-quote-is-layout-flow\">\n<blockquote class=\"wp-block-quote is-layout-flow wp-block-quote-is-layout-flow\">\n<p>As I said in that interview, it\u2019s articulable facts, with an S. So appearance can be just one. For instance, if someone has an MS-13 tattoo on their face, that may be one factor to add to other factors to raise reasonable suspicion.<\/p>\n<p>I want to be clear about that again, because my words were taken out of context. Physical description cannot be the sole reason to detain and question somebody. That can\u2019t be the sole reason to raise reasonable suspicion. It\u2019s a myriad of factors. And I could sit here for the next half-hour and give you all the factors.<\/p>\n<\/blockquote>\n<\/blockquote>\n<p>So weird that they send this guy on TV but never to court!<\/p>\n<p>This argument will likely go nowhere with the Ninth Circuit. But the Supreme Court appears willing to burn down generations-worth of civil rights law to avoid saying \u201cno\u201d to Trump. So \u2026 \u00af<em>(\u30c4)<\/em>\/\u00af<\/p>\n<p><a href=\"https:\/\/www.lawandchaospod.com\/\" target=\"_blank\" rel=\"noreferrer noopener nofollow\"><em>Subscribe to read more at Law and Chaos\u2026.<\/em><\/a><\/p>\n<hr class=\"wp-block-separator has-alpha-channel-opacity\" \/>\n<p class=\"has-text-align-center\"><em><strong><a href=\"https:\/\/bsky.app\/profile\/lizdye.bsky.social\" target=\"_blank\" rel=\"noreferrer noopener nofollow\">Liz Dye<\/a>\u00a0and\u00a0<a href=\"https:\/\/bsky.app\/profile\/andrewtorrez.bsky.social\" target=\"_blank\" rel=\"noreferrer noopener nofollow\">Andrew Torrez<\/a>\u00a0produce the Law and Chaos\u00a0<a href=\"https:\/\/www.lawandchaospod.com\/\" target=\"_blank\" rel=\"noreferrer noopener nofollow\">Substack\u00a0<\/a>and\u00a0<a href=\"https:\/\/podcasts.apple.com\/us\/podcast\/law-and-chaos\/id1727769913\" target=\"_blank\" rel=\"noreferrer noopener nofollow\">podcast<\/a>.<\/strong><\/em> <em><strong>You can subscribe to their Substack by clicking the logo:<a href=\"https:\/\/www.lawandchaospod.com\/\" rel=\"nofollow noopener\" target=\"_blank\"><img data-recalc-dims=\"1\" loading=\"lazy\" decoding=\"async\" class=\"aligncenter wp-image-1163974 size-medium\" src=\"https:\/\/i0.wp.com\/abovethelaw.com\/wp-content\/uploads\/sites\/4\/2025\/06\/law-and-chaos-logo-liz-dye-300x153.jpg?resize=300%2C153&#038;ssl=1\" alt=\"\" width=\"300\" height=\"153\" title=\"\"><\/a><\/strong><\/em><\/p>\n","protected":false},"excerpt":{"rendered":"<p>The Supreme Court is perfectly willing to let the Trump administration break the law, but trial judges are not. And so on Friday, yet another federal district court judge issued an injunction attempting to rein in ICE\u2019s goon squads. In a case captioned Perdomo v. Noem, Judge Maami Ewusi-Mensah Frimpong of the Central District of [&hellip;]<\/p>\n","protected":false},"author":3,"featured_media":126586,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[16],"tags":[],"class_list":["post-126624","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-above_the_law"],"jetpack_featured_media_url":"https:\/\/i0.wp.com\/xira.com\/p\/wp-content\/uploads\/2025\/07\/law-and-chaos-logo-liz-dye-300x153-yLq07J.jpeg?fit=300%2C153&ssl=1","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts\/126624","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/comments?post=126624"}],"version-history":[{"count":0,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts\/126624\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/media\/126586"}],"wp:attachment":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/media?parent=126624"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/categories?post=126624"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/tags?post=126624"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}