Supreme Court Justice Sonia Sotomayor sniped at fellow Justice Brett Kavanaugh, suggesting he is out of touch with working-class Americans as she criticized his stance on immigration enforcement.
Speaking Tuesday at the University of Kansas School of Law, Sotomayor revisited Kavanaugh's concurring opinion backing broader authority for Immigration and Customs Enforcement operations in Los Angeles last year by the Trump administration.
Kavanaugh argued that immigration stops were "typically brief" and that most migrants "promptly go free."
According to Bloomberg Law, Sotomayor, a member of the court's liberal wing, challenged that view and questioned whether Kavanaugh understands the real-world impact of such detentions.
"I had a colleague in that case who wrote, you know, these are only temporary stops," Sotomayor said, referring to Kavanaugh, who was not present.
"This is from a man whose parents were professionals. And probably doesn't really know any person who works by the hour."
She argued that even short encounters with law enforcement can carry significant consequences for hourly workers trying to make ends meet.
"Those hours that they took you away, nobody's paying that person," Sotomayor said. "And that makes a difference between a meal for him and his kids that night and maybe just cold supper."
Kavanaugh's opinion, issued last September, let ICE continue enforcement efforts in the Los Angeles area, including targeting individuals based on broad indicators such as occupation and language.
"Immigration stops based on reasonable suspicion of illegal presence have been an important component of US immigration enforcement for decades, across several presidential administrations," Kavanaugh wrote.
At the time, Sotomayor and the court's two other liberal justices issued a sharp dissent, warning of potential overreach.
"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," they wrote.
Meanwhile, Kavanaugh seemed receptive last month to the Trump administration's position that metering – the practice that allows immigration officials to limit how many migrants can apply for asylum – should remain an option for immigration enforcement moving forward.
While the policy, which was used during President Donald Trump's first term, is not in effect, the Justice Department is seeking to have a lower-court decision blocking the policy overturned.
"Why would Congress privilege someone who illegally enters the United States?" Kavanaugh asked.
Nicole Weatherholtz ✉
Nicole Weatherholtz, a Newsmax general assignment reporter covers news, politics, and culture. She is a National Newspaper Association award-winning journalist.
© 2026 Newsmax. All rights reserved.