""The questioning in those circumstances is typically brief, and those individuals may promptly go free after making clear to the immigration officers that they are U. S. citizens or otherwise legally in the United States," he insisted, despite extensive evidence that ICE agents are tackling every brown person they see and locking up a lot of citizens who fail to "make clear" their right to walk down the street in a fashion that satisfies a pack of glorified bounty hunters."
"Naturally, they did it on the shadow docket, in a one-paragraph order in which five of the six conservative justices voted to stay a trial judge's order "pending the disposition of the appeal in the United States Court of Appeals for the Ninth Circuit and disposition of a petition for a writ of certiorari, if such a writ is timely sought.""
On September 8, the Supreme Court issued a shadow-docket stay that effectively permits racial profiling in immigration enforcement. Five conservative justices voted to stay a trial judge's order pending appellate and potential certiorari review. Justice Kavanaugh explicitly portrayed routine ICE stops as brief citizenship checks that promptly release lawful residents. Extensive evidence contradicts that portrayal, documenting ICE targeting of brown people and arrests of citizens who cannot immediately "make clear" their status. Witnesses reported a violent ICE arrest in Hyattsville involving drawn guns. Plaintiffs have filed a lawsuit arguing that ICE conduct amounts to prolonged detentions rather than brief stops.
Read at Above the Law
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