Supreme Court Justices Sotomayor and Kavanaugh Clash Over Immigration Stops

Sotomayor apologizes for 'hurtful' comments about Kavanaugh's background in rare public dispute

Apr. 16, 2026 at 12:34am

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A cinematic painting of a lone ICE agent standing on a dimly lit city street corner, the agent's face obscured in shadow while warm diagonal sunlight bathes the scene, creating a sense of quiet contemplation and unease about the subject matter.A somber scene of immigration enforcement in an urban setting reflects the divisive debate over the role of ethnicity in law enforcement decisions.Los Angeles Today

Supreme Court Justice Sonia Sotomayor has apologized for publicly criticizing her colleague Justice Brett Kavanaugh over a ruling that allowed Immigration and Customs Enforcement (ICE) to resume broad sweeps in Los Angeles. Sotomayor had referred to Kavanaugh's comments on the case, saying they reflected his privileged upbringing, which she said was 'inappropriate' and 'hurtful'.

Why it matters

The public clash between the two justices is highly unusual, as the Supreme Court typically avoids personal attacks and emphasizes that disagreements are not personal. Sotomayor's comments touched on the broader debate over immigration enforcement and the role of ethnicity in law enforcement decisions.

The details

In a September 2025 order, the Supreme Court cleared the way for ICE to resume broad sweeps in Los Angeles, halting a lower court ruling that had restricted the agency's practices. In his concurrence, Kavanaugh wrote that ethnicity could be a relevant factor in deciding whether there was reasonable suspicion someone was in the country illegally, though it could not be the sole reason. Sotomayor, in a dissent, had sharply criticized the order, saying the government had 'all but declared that all Latinos, U.S. citizens or not, who work low wage jobs are fair game to be seized at any time'.

  • In September 2025, the Supreme Court issued an order allowing ICE to resume broad sweeps in Los Angeles.
  • Last week, Sotomayor made the comments about Kavanaugh's background during an appearance at the University of Kansas School of Law.

The players

Sonia Sotomayor

A Supreme Court Justice and one of the court's liberal members.

Brett Kavanaugh

A Supreme Court Justice and one of the court's conservative members.

Immigration and Customs Enforcement (ICE)

The federal agency responsible for immigration enforcement.

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What they’re saying

“At a recent appearance at the University of Kansas School of Law, I referred to a disagreement with one of my colleagues in a prior case, but I made remarks that were inappropriate. I regret my hurtful comments. I have apologized to my colleague.”

— Sonia Sotomayor, Supreme Court Justice

“These are only temporary stops.”

— Brett Kavanaugh, Supreme Court Justice

“We should not have to live in a country where the Government can seize anyone who looks Latino, speaks Spanish, and appears to work a low wage job. Rather than stand idly by while our constitutional freedoms are lost, I dissent.”

— Sonia Sotomayor, Supreme Court Justice

What’s next

The Supreme Court has not indicated whether it will take up any further cases related to the ICE sweeps or immigration enforcement policies.

The takeaway

The rare public clash between Justices Sotomayor and Kavanaugh highlights the deep divisions on the Supreme Court over issues of immigration and racial profiling, and the difficulty the court has in maintaining a united front even as its members disagree on fundamental constitutional questions.