Pedro Vasquez Perdomo v. Noem
BrynoDC Coverage 1 video
Overview
Overview
5 individuals stopped or arrested during immigration raids, represented by the ACLU, sued the Department of Homeland Security over the alleged use of race or ethnicity by U.S. Border Patrol agents to conduct immigration enforcement.
The Issue
Issue
Whether U.S. Border Patrol agents violated the Fourth Amendment and Equal Protection Clause by using race or ethnicity as a factor in selecting plaintiffs for stops and arrests during immigration enforcement operations.
The Rules
Rule
The Equal Protection Clause prohibits intentional race-based discrimination and requires strict scrutiny review; the Fourth Amendment prohibits unreasonable searches and seizures, and stops motivated by race are unconstitutional regardless of ultimate arrest legality.
The Application
Analysis
Plaintiffs allege Border Patrol targeted them for immigration stops and arrests based solely or primarily on their race or ethnicity without individualized suspicion, using pretextual enforcement to accomplish discriminatory ends.
The Conclusion
Conclusion
The case is active; plaintiffs seek declaratory relief, injunctive relief, and damages from DHS for violations of their constitutional rights during the immigration raids.
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