The majority ruled without explanation, while Justice Brett Kavanaugh filed a concurring opinion. Justice Sonia Sotomayor, joined by fellow liberal justices Elena Kagan and Ketanji Brown Jackson, took her conservative colleagues to task in a blistering dissent.
The Fourth Amendment “prohibits exactly what the Government is attempting to do here,” Sotomayor observed, as the Trump administration has “all but declared” Latinos in low-wage jobs “fair game to be seized at any time, taken away from work, and held until they provide proof of their legal status to the agents’ satisfaction.”
In reality, they “are seizing people using firearms, physical violence, and warehouse detentions,” and whisking away American citizens as well. Further, she wrote, Kavanaugh incorrectly places the burden of proof during immigration stops not on law enforcement but on “an entire class of citizens to carry enough documentation to prove that they deserve to walk freely”—essentially creating “a second-class citizenship status” that is incompatible with the Constitution.
“In the last eight months, this Court’s appetite to circumvent the ordinary appellate process and weigh in on important issues has grown exponentially,” she pointed out. “Its interest in explaining itself, unfortunately, has not.”
To conclude, Sotomayor wrote that Monday’s ruling means the Fourth Amendment may no longer protect the rights of people “who happen to look a certain way, speak a certain way, and appear to work a certain type of legitimate job that pays very little. Because this is unconscionably irreconcilable with our Nation’s constitutional guarantees, I dissent.”
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