"Roving patrols without reasonable suspicion violate the Fourth Amendment to the Constitution and denying access to lawyers violates the Fifth Amendment to the Constitution."
In issuing her ruling, the Biden-appointed Frimpong cited the Fourth Amendment, which reads: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
Frimpong's order further required ICE agents to keep "detailed records" of the stops they make, the reasons why a person was stopped, and to develop guidelines agents could use to determine "reasonable suspicion" for stopping people for the purpose of immigration enforcement.
The case, brought by plaintiffs Pedro Vasquez Perdomo et al against DHS Secretary Kristi Noem after a June 6 incident, states that "The individuals and organizations who have brought this lawsuit argue that this operation had two key features, not of which were unconstitutional: 'roving patrols' indiscriminately rounding up numerous individuals without reasonable suspicion and, having done so, denying these individuals access to lawyers who could help them navigate the legal process they found themselves in.
"On this," it continues, "the federal government agrees: Roving patrols without reasonable suspicion violate the Fourth Amendment to the Constitution and denying access to lawyers violates the Fifth Amendment to the Constitution. What the federal government would have this Court believe—in the face of a mountain of evidence presented in this case—is that none of this is actually happening."
The Court granted the plaintiff's request for a temporary restraining order against ICE on the basis that the individuals who brought the suit are "likely to succeed in proving that the federal government is indeed conducting roving patrols without reasonable suspicion and denying access to lawyers."
Los Angeles Mayor Karen Bass, who has spoken out against immigration enforcement on any level, was happy about the decision, saying, "L.A. has been under assault as masked men snatch people off the street and chase people through parking lots and summer camps. But today, the Court ruled in favor of the United States Constitution. This is a win for Los Angeles and it is a win for cities all across the nation."
US Attorney for the Central District of California Bill Essayli took issue with the ruling, saying, "We strongly disagree with the allegations in the lawsuit and maintain that our agents have never detained individuals without proper legal justification. Our federal agents will continue to enforce the law and abide by the U.S. Constitution."
The ruling comes as ICE agents have seen a 700 percent increase in attacks on those carrying out law enforcement actions. On Friday, Trump gave agents "total authority" to arrest those who seek to do them harm during the carrying out of their duties.
Judge Frimpong Tro Ruling by The Post Millennial on Scribd
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