Noem v. Vasquez Perdomo is a case from #LosAngeles about whether #ICE can stop people because of a suspicion of their being in the #US illegally, based solely, as #SCOTUS blog summarized, on any combination of 4 factors: a person’s “‘apparent #race or #ethnicity,’ speaking in #Spanish or accented English, being present at a #location where undocumented immigrants ‘are known to gather’ (such as pickup spots for day laborers), & working at specific #jobs, such as landscaping or construction.”
#law
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…In overturning the lower court’s decision, 5 of #SCOTUS’ 6 #RightWing justices…took advantage of their right to remain silent, but Justice Kavanaugh gamely tried to speak up in a concurrence. If his goal was to be reassuring, he did not help matters: Such stops are usually “brief,” he explained. I am not a scholar of the #Constitution, but I had no idea that I could be deprived of my rights under the #4thAmendment …as long as my getting roughed up takes only a few moments….
![A California district-court judge had earlier enjoined ICE from making such stops, perhaps appalled by this example: Plaintiff Jason Brian Gavidia is a U.S. citizen who was born and raised in East Los Angeles and identifies as Latino. On the afternoon of June 12, he stepped onto the sidewalk outside of a tow yard in Montebello, California, where he saw agents carrying handguns and military-style rifles. One agent ordered him to “Stop right there” while another “ran towards [him].” The agents repeatedly asked Gavidia whether he is American—and they repeatedly ignored his answer: “I am an American.” The agents asked Gavidia what hospital he was born in—and he explained that he did not know which hospital. “The agents forcefully pushed [Gavidia] up against the metal gated fence, put [his] hands behind [his] back, and twisted [his] arm.” An agent asked again, “What hospital were you born in?” Gavidia again explained that he did not know which hospital and said “East L.A.” He then told the agents he could show them his Real ID. The agents took Gavidia’s ID and his phone and kept his phone for 20 minutes. They never returned his ID.](https://s3.masto.ai/media_attachments/files/115/177/332/007/897/341/original/272515b248dd42df.png)
#Kavanaugh also noted in his concurrence that illegal #immigration “is especially pronounced in the Los Angeles area, among other locales in the United States.” Yes, America has an illegal-immigration problem in various “locales,” & therefore … what? #ICE officials can use #race-based criteria in an area with a lot of #Spanish-speaking citizens?
#law #SCOTUS #Constitution #4thAmendment #ActivistCourt #WhiteSupremacy #WhiteChristianNationalism
I live near Boston, which has always had quite a lot of undocumented immigrants from Ireland; should #ICE send agents up and down Boylston Street looking for red hair and listening for brogues? Chicago has a fair number of Poles, some of whom are in the United States illegally. Will ICE start staking out delis in Jefferson Park & waiting to see who buys a kielbasa?
#law #SCOTUS #Constitution #4thAmendment #ActivistCourt #immigration #WhiteSupremacy #WhiteChristianNationalism
Of course they won’t, because none of this is really about #immigration. It is about the #Trump administration’s attempt to inflame racial tensions & divide Americans, & to acclimate them to the militarization of their streets & the stripping away of their constitutional protections.
#law #SCOTUS #Constitution #4thAmendment #ActivistCourt #RacialProfiling #WhiteSupremacy #WhiteChristianNationalism #fascism #MilitaryState
