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Sotomayor Rebukes Kavanaugh Over Immigration Stops Concurrence

Her remarks highlight reports that federal agents leaned on his opinion to justify stops of Hispanic drivers, including some U.S. citizens.

Overview

  • Sonia Sotomayor, speaking Tuesday at the University of Kansas School of Law, criticized a colleague for calling immigration detentions “only temporary stops” and pointed to lost wages and other real harms for hourly workers.
  • In a September concurrence accompanying an emergency Supreme Court order that paused lower-court limits on immigration sweeps, Brett Kavanaugh wrote that “apparent ethnicity” could be a relevant factor and described the encounters as brief investigative stops.
  • Investigative reports from ProPublica and Slate say ICE and CBP adopted that language as a standard, with numerous detentions of Hispanic drivers and about 170 U.S. citizens reported in the weeks after the ruling.
  • Local officials have echoed those concerns, with Minnesota police chiefs saying federal agents pulled over and harassed many of their own officers of color.
  • Kavanaugh later issued a clarification that officers must not make interior stops or arrests based on race or ethnicity, but legal experts quoted in coverage said the damage-control fell short.