Emmanuel Malion

taken into account.

So much so that these interactions now between ICE enforcement officers, you know, these type of street-level interactions that we see racial profiling as their foundation, these are now being referred to as Kavanaugh stops.

Yes.

So Kavanaugh endorsed the idea that you could derive reasonable suspicion that someone is in the country illegally, without documentation, based on four factors.

This included the type of work that somebody did, whether or not they were in locations where

Immigrants tend to congregate.

This included places, you know, from a Home Depot parking lot to a bus stop in Los Angeles to whether someone spoke English with an accent or was found speaking Spanish in public.

And then finally, whether they had a parent.

Mexican ancestry, and so this was the apparent race or ethnicity point.

What the district court had found was that this was clearly prohibited by the Constitution, and it found many, many instances where the sole reason that someone was stopped was because of their apparent race or ethnicity.

Liza's exactly right.

Kavanaugh does seem to walk it back in this case, Trump v. Illinois.

But one of the critical issues here is that that's what we call in the legal world dicta.

It was not squarely about the case that was presented at issue.

So it has no legal authority.

And so certainly while Kavanaugh tried to walk it back in the footnote,

He's not making any sort of departure from his earlier comment that it cannot be the sole factor, but certainly this accumulation of factors is so tied to structural racism, racialization within this country anyway, that it's almost as if you're counting race on several different vectors and suggesting that it's not race at all.

There are some ways that this moment is truly exceptional, and there are some ways that this moment is really a continuity of a path that we've been on.

And so to the extent that I think Liza is correct, if we were to deploy the military, it could have a chilling presence in Minneapolis, certainly, but anywhere in the country where they're deployed.

But I would...