Judge Halts Indiscriminate Immigration Stops, Arrests In California By The Trump Administration

LOS ANGELES, CA — A federal judge on Friday ordered the Trump administration to halt indiscriminate immigration stops and arrests in seven California counties, including Los Angeles.

Immigrant advocacy groups filed the lawsuit last week accusing President Donald Trump’s administration of systematically targeting brown-skinned people in Southern California during its ongoing immigration crackdown. The plaintiffs include three detained immigrants and two U.S. citizens, one who was held despite showing agents his identification.

RELATED: Worker Killed In ICE Raid, Classes Go Virtual And Faithful Excused From Mass In Climate Of Fear

The filing in U.S. District Court asked a judge to block the administration from using what they call unconstitutional tactics in immigration raids. Immigrant advocates accuse immigration officials of detaining someone based on their race, carrying out warrantless arrests, and denying detainees access to legal counsel at a holding facility in downtown LA.

Tricia McLaughlin, assistant secretary of the U.S. Department of Homeland Security, said in an email that “any claims that individuals have been ‘targeted’ by law enforcement because of their skin color are disgusting and categorically FALSE.”

McLaughlin said “enforcement operations are highly targeted, and officers do their due diligence” before making arrests.

Judge Maame E. Frimpong also issued a separate order barring the federal government from restricting attorney access at a Los Angeles immigration detention facility.

Frimpong issued the orders the day after a hearing during which advocacy groups argued that the government was violating the Fourth and Fifth amendments of the constitution.

In a statement, Mohammad Tajsar, senior staff attorney with the ACLU Foundation of Southern California, hailed the ruling.

"No matter the color of their skin, what language they speak, or where they work, everyone is guaranteed constitutional rights to protect them from unlawful stops," Tajsar said. "While it does not take a federal judge to recognize that marauding bands of masked, rifle-toting goons have been violating ordinary people's rights throughout Southern California, we are hopeful that today's ruling will be a step toward accountability for the federal government's flagrant lawlessness that we have all been witnessing."

But U.S. Attorney in Los Angeles Bill Essayli issued a statement insisting that enforcement agencies have adhered to the law.

"We strongly disagree with the allegations in the lawsuit and maintain that our agents have never detained individuals without proper legal justification," Essayli said. "Our federal agents will continue to enforce the law and abide by the U.S. Constitution."

The U.S. Department of Homeland Security issued a defiant response on its social media pages, writing, "A district judge is undermining the will of the American people. America's brave men and women are removing murderers, MS- 13 gang members, pedophiles, rapists -- truly the worst of the worst from Golden State communities. LAW AND ORDER WILL PREVAIL!"

Immigrants and Latino communities across Southern California have been on edge for weeks since the Trump administration stepped up arrests at car washes, Home Depot parking lots, immigration courts and a range of businesses. Tens of thousands of people have participated in rallies in the region over the raids and the subsequent deployment of the National Guard and Marines.

The order also applies to Ventura County, where busloads of workers were detained Thursday while the court hearing was underway after federal agents descended on a cannabis farm, leading to clashes with protesters and multiple injuries.

According to the American Civil Liberties Union, the recent wave of immigration enforcement has been driven by an “arbitrary arrest quota” and based on “broad stereotypes based on race or ethnicity.”

When detaining the three day laborers who are plaintiffs in the lawsuit, all immigration agents knew about them is that they were Latino and were dressed in construction work clothes, the filing said. It goes on to describe raids at swap meets and Home Depots where witnesses say federal agents grabbed anyone who “looked Hispanic.”

ACLU's Tajsar said Brian Gavidia, one of the U.S. citizens who was detained, was “physically assaulted ... for no other reason than he was Latino and working at a tow yard in a predominantly Latin American neighborhood.”

Tajsar asked why immigration agents detained everyone at a car wash except two white workers, according to a declaration by a car wash worker, if race wasn’t involved.

Representing the government, attorney Sean Skedzielewski said there was no evidence that federal immigration agents considered race in their arrests, and that they only considered appearance as part of the “totality of the circumstances” including prior surveillance and interactions with people in the field.

In some cases, they also operated off “targeted, individualized packages,” he said.

“The Department of Homeland Security has policy and training to ensure compliance with the Fourth Amendment,” Skedzielewski said.

Lawyers from Immigrant Defenders Law Center and other groups say they also have been denied access to a U.S. Immigration and Customs Enforcement facility in downtown LA known as “B-18” on several occasions since June, according to court documents.

Lawyer Mark Rosenbaum said in one incident on June 7 attorneys “attempted to shout out basic rights” at a bus of people detained by immigration agents in downtown LA when the government drivers honked their horns to drown them out and chemical munitions akin to tear gas were deployed.

Skedzielewski said access was only restricted to “protect the employees and the detainees” during violent protests and it has since been restored.

Rosenbaum said lawyers were denied access even on days without any demonstrations nearby, and that the people detained are also not given sufficient access to phones or informed that lawyers were available to them.

He said the facility lacks adequate food and beds, which he called “coercive” to getting people to sign papers to agree to leave the country before consulting an attorney.

Attorneys general for 18 Democratic states also filed briefs in support of the orders.

U.S. Customs and Border Protection agents were already barred from making warrantless arrests in a large swath of eastern California after a federal judge issued a preliminary injunction in April.

California officials celebrated the court victory Friday.

"The Trump Administration is using federal immigration agents as a tool to instill fear and division in Los Angeles communities. In doing so, it is damaging community trust with law enforcement, disrupting Angelenos’ daily lives, and impeding public safety,” said Attorney General Rob Bonta. “The troubling use of masks, unmarked vehicles, and plainclothes to cover up immigration agents’ identities – and their own refusal to identify themselves when asked – has made it difficult to distinguish these agents from criminals. Their sweeping stops of Angelenos, based not on any evidence of wrongdoing but instead on racial profiling, is flagrantly unconstitutional. Los Angeles cannot be expected to live like this, with many residents afraid to leave their homes and their civil rights under fire. Today, a court agreed, ordering immigration agents to end their unconstitutional stops in the Los Angeles area. As California Attorney General, I will continue to fight to hold this President and his administration accountable to the law and to protect and defend California communities and their civil rights.”

Gov. Gavin Newsom called on the Trump administration to follow the law.

"The court’s decision puts a temporary stop to federal immigration officials violating people’s rights and racial profiling," he tweeted. "California stands with the law and the Constitution — and I call on the Trump Administration to do the same."

— By JAIMIE DING Associated Press, City News Service and Patch staffer Paige Austin contributed to this report.