”It’s a very serious thing to say that multiple federal government agencies have a policy of violating the Constitution,” attorney Jacob Roth said.
He also argued that the lower court’s order was too broad, and that immigrant advocates did not present enough evidence to prove that the government had an official policy of stopping people without reasonable suspicion.
He referred to the four factors of race, language, presence at a location, and occupation that were listed in the temporary restraining order, saying the court should not be able to ban the government from using them at all. He also argued that the order was unclear on what exactly is permissible under law.
”Legally, I think it’s appropriate to use the factors for reasonable suspicion,” Roth said
The judges sharply questioned the government over their arguments.
”No one has suggested that you cannot consider these factors at all,” Judge Jennifer Sung said.
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