SCOTUS Allows ‘Roving’ ICE Patrols to Continue; Upholds FTC Commissioner Removal  

To be clear, apparent ethnicity alone cannot furnish reasonable suspicion; under this court’s case law regarding immigration stops, however, it can be a ‘relevant factor’ when considered along with other salient factors.

Supreme Court Justice Brett Kavanaugh in his concurrence of the ruling to allow Immigration and Customs Enforcement (ICE) to use certain factors as suspicion of illegal immigration.

Why It Matters: A federal appeals judge previously halted ICE from using someone’s ethnicity, language, or job as reasonable suspicion for illegal immigration. On Monday, the Supreme Court issued a stay, allowing the practice to continue while the case is decided. Justices Elena Kagan, Ketanji Brown Jackson and Sonia Sotomayor dissented, with Justice Sotomayor writing: “We should not have to live in a country where the government can seize anyone who looks Latino, speaks Spanish, and appears to work a low wage job.”  

More Supreme Court News: In a separate case, Chief Justice John Roberts paused a lower court order that allowed for Rebecca Slaughter, a member of the Federal Trade Commission (FTC), to be reinstated while her wrongful dismissal case proceeds in court. This spring, President Trump fired two FTC members appointed by former President Biden. The FTC is typically structured with three members from the president’s party and two from the opposition. 

Learn More: 

• Supreme Court allows Trump to continue ‘roving’ ICE patrols in California (CNN) 
• Supreme Court allows federal officers to more freely make immigration stops in LA (SCOTUSblog) 
• Chief justice lets Trump remove member of Federal Trade Commission for now (PBS) 
• Supreme Court permits Trump’s firing of FTC commissioner to remain in place (SCOTUSblog)