The Trump administration on Monday asked a federal appeals court to pause a recent order from a federal judge in California that temporarily halts illegal-immigration arrests until the Department of Homeland Security can draft guidance for officers to determine âreasonable suspicionâ beyond a suspect’s apparent race or ethnicity.
The ruling issued Friday by US District Judge Maame Ewusi-Mensah Frimpong also states that probable cause for arrest must also go beyond the language suspects speak or their accent, âpresence at a particular locationâ such as a bus stop, or âthe type of work one does,” according to CNN.
The ruling applies only to the seven-county jurisdiction of the U.S. Central District of California, which includes Los Angeles and surrounding areas, the news outlet reports.Â
White House “border czar” told CNN on Sunday that physical appearance âcanât be the sole reason to raise reasonable suspicion,â but that in some cases, such as if someone had an MS-13 tattoo, it âmay be one factor to add to other factors to raise reasonable suspicion.â
He also said his previous statements about federal immigration agents detaining people âbased on their location, their occupationâ and âtheir physical appearanceâ were taken out of context.Â
The administration on Monday asked the 9th US Circuit Court of Appeals to put Frimpongâs order on hold while they challenge it before the appeals court. It also said in the emergency appeal that Frimpong had overstepped in her ruling, accusing the appointee of former President Joe Biden of a âjudicial takeoverâ of executive branch policy.
The administration is also asking the appeals court to issue an âadministrative stay,” that would temporarily put Frimpongâs order on hold while the court decides whether to put it on hold for an extended time. CNN also reports.
