'Mountain of evidence': ICE agents discriminated against Latinos, judge says

Rep. Ro Khanna, D-Calif., accused the Trump administration of engaging in deliberate Latino vote suppression during a Thursday appearance on MSNBC’s “Morning Joe.” The California congressman stated that federal actions, including Immigration and Customs Enforcement raids and National Guard deployments, aim to intimidate the Latino community. He argued that these measures have already shifted voting patterns, potentially making the demographic decisive in swing states such as Texas and Nevada. Khanna claimed that ninety percent of recent ICE arrests involved Latino individuals, describing the strategy as a blatant attempt to suppress the electorate. Despite the intimidation tactics, he predicted a surge in voter turnout among Latinos, asserting that the current climate has motivated more people than ever to participate in the upcoming elections. These political accusations coincide with a legal battle unfolding in Southern California. A federal judge issued a preliminary injunction barring immigration agents in the region from stopping individuals based on racial stereotypes. U.S. District Judge Maame Ewusi-Mensah Frimpong found an unwritten, officially sanctioned policy targeting people who appear Latino. Her order, made public Thursday after being issued last week, cites a mountain of evidence, including body-camera footage and text messages containing slurs such as “tonk” and “wet.” The judge determined that agents often failed to follow training protocols despite government claims to the contrary. The injunction mandates that agents establish individualized reasonable suspicion before detaining anyone for immigration enforcement. It explicitly rules that appearing Latino and working class is insufficient grounds for a stop, even if those traits match an identified suspect. The order exempts stops at ports of entry, checkpoints, and functional border equivalents. Frimpong concluded that the practices likely violate the Fourth Amendment’s protection against unreasonable seizures and the Fifth Amendment’s equal protection clause. She noted the ruling is not a final determination of an unlawful government policy but allows plaintiffs to proceed based on probable violation. The Trump administration filed a notice of appeal Wednesday, seeking review by the Ninth Circuit Court of Appeals. In a request to stay the order pending appeal, senior Justice Department lawyer August Flentje argued the injunction gravely hinders federal operations. He warned that without a stay, the ruling would inflict irreparable harm on multiple agencies and force courts to micromanage every stop in a district of twenty million people. The Justice Department and Department of Homeland Security did not immediately respond to requests for comment regarding the appeal. Mohammad Tajsar, director of immigrant rights at the ACLU Foundation of Southern California, praised the decision. He stated the order acknowledges that agents were racially profiling as many people as possible, a practice violating multiple constitutional provisions. Tajsar indicated that plaintiffs would closely monitor government compliance. The judge highlighted specific incidents, including a car wash worker whose attempt to present his passport was rejected by an agent. She also noted cases where agents detained Latino workers and customers while ignoring white individuals nearby. The new evidence presented to the court had not previously been disclosed by the government. This occurred after the Supreme Court stayed an earlier order by Frimpong that barred stops based solely on race, ethnicity, language, location, or employment. In a ten-page concurrence accompanying that Supreme Court stay, Justice Brett M. Kavanaugh suggested plaintiffs lacked sufficient basis to believe law enforcement would unlawfully stop them in the future under the prohibited criteria. The current injunction applies within the Central District of California, encompassing Los Angeles and surrounding counties, including Orange, Riverside, San Bernardino, Ventura, Santa Barbara, and San Luis Obispo.