Justice Brett Kavanaugh, who sided with the conservative majority in Monday's decision, took issue with whether the tactics violate the Constitution. Kavanaugh, nominated by President Trump in 2018, said Los Angeles' large population of undocumented immigrants "tend to gather in certain locations to seek daily work," frequently work in construction-related jobs and may not speak English.
"Whether an officer has reasonable suspicion depends on the totality of the circumstances," Kavanaugh wrote. "Here, those circumstances include: that there is an extremely high number and percentage of illegal immigrants in the Los Angeles area; that those individuals tend to gather in certain locations to seek daily work; that those individuals often work in certain kinds of jobs, such as day labor, landscaping, agriculture, and construction, that do not require paperwork and are therefore especially attractive to illegal immigrants; and that many of those illegally in the Los Angeles area come from Mexico or Central America and do not speak much English.
"To be clear, apparent ethnicity alone cannot furnish reasonable suspicion; under this Court’s case law regarding immigration stops, however, it can be a 'relevant factor' when considered along with other salient factors."