Victory! Supreme Court Lifts Injunction of ICE Street Stops

FAIR Showed injunction violates the Constitution

(Sept. 8, 2025, Washington, D.C.) Today, the Supreme Court granted an emergency application to stay, or suspend, an injunction a California federal district court has issued hamstringing U.S. Immigration and Customs Enforcement (ICE) in its conduct of street stops of suspected illegal aliens. The Federation for American Immigration Reform (FAIR) had submitted a brief to the Court urging that result.

The district court bared ICE from basing brief investigative stops on four factors, either singly or in combination: 1) “apparent race or ethnicity,” 2) “speaking Spanish or speaking English with an accent,” 3) “presence at a particular location,” such as a “day laborer pick up site,” and 4) “the type of work one does.”

As FAIR points out in its brief, however, the standard under the Fourth Amendment for brief investigative stops is reasonable suspicion, a standard even lower than probable cause, which is necessary for an arrest. By trying to bar ICE from considering factors that would make anyone—let alone a trained and experienced officer—reasonably suspect a person was an illegal alien, the plaintiffs elevate this standard far above what the Constitution requires.

Today the Court agreed, suspending the injunction pending appeal. In a concurring opinion, Justice Kavanaugh wrote that he agreed with the decision for reasons that tracked FAIR’s argument in its brief.

“The Fourth Amendment’s prohibition of unreasonable searches and seizures is just that—a requirement of reasonableness,” said Dale L. Wilcox, executive director and general counsel of FAIR. “It is not a command to throw common sense out the window. By making ICE officials ignore their reasonable suspicions or face contempt of court, the district court has intruded itself outrageously into federal immigration law enforcement. We are pleased the Court saw the baselessness of this injunction, and suspended it.”

The case is Pedro Vasquez Perdomo v. Noem, No. 2:25-cv-05605 (C.D. Cal.).

ABOUT FAIR

Founded in 1979, FAIR ([link removed]) is the country’s largest immigration reform group. With over 3 million members and supporters nationwide, FAIR fights for immigration policies that serve national interests, not special interests. FAIR believes that immigration reform must enhance national security, improve the economy, protect jobs, preserve our environment, and establish a rule of law that is recognized and enforced.

To schedule an interview with one of FAIR's
spokespersons, contact:

Hayley Hill

[email protected]
Learn More About FAIR ([link removed])

[link removed]
[link removed]
[link removed]
[link removed]

View this email in your browser ([link removed])

Copyright (C) 2025 Federation for American Immigration Reform. All rights reserved.
Federation for American Immigration Reform
25 Massachusetts Ave, NW, Suite 330
Washington, DC 20001-1430
USA

Want to change how you receive these emails?
You can update your preferences ([link removed]) or unsubscribe ([link removed])