The Supreme Court came to a final decision on Noem v. Vasquez Perdomo on September 8. The case debates the constitutionality of immigration agents detaining pedestrians based on physical appearance – if they look Hispanic or not — if they are speaking accented English or fluent Spanish, location and the type of job they have. The rulings make stereotypes a credible source for detaining people. The 6-3 vote ruled in favor of allowing agents to use these four factors when deciding who to detain.
This comes after an opposing ruling from a lower court: Maame Ewusi- Mensah Frimpong, a Federal District Court Judge in Los Angeles ruled that racial profiling to detain people was unconstitutional under the Fourth Amendment and issued a temporary restraining order against DHS agents detaining people based on the four factors. The 9th U.S. Circuit Court of Appeals had a similar ruling, saying arresting people based on these methods was illegal.
The opposing decision by the Supreme Court enables the Trump administration to continue mass deportations using these loose criteria. This decision is not yet a final ruling, but strongly suggests the direction that the Court will take.
In a personal concurrence, Justice Brett Kavanaugh, who voted for overruling the restraining order, wrote, “apparent ethnicity alone cannot furnish reasonable suspicion,” but added that it could be “a ‘relevant factor’ when considered along with other salient factors.” Kavanaugh was nominated for his position as Associate Justice of the Supreme Court back in 2018 by President Donald Trump.
Justice Sonia Sotomayor had voted against overruling the restraining order, writing, “We should not live in a country where the government can seize anyone who looks Latino… and appears to work a low wage job.” Justice Sotomayor was one of three Justices who voted against. Alongside her were Justice Ketanji Brown Jackson and Justice Elena Kagan. All three were nominated to the Supreme Court by Democratic presidents.
Reactions to the decision varied. Tricia McLaughlin, the spokesperson for the Department of Homeland Security, said it was “a win for the safety of Californians and the rule of law.” Laughlin continued, saying, “DHS law enforcement will not be slowed down and will continue to arrest and remove the murderers, rapists, gang members and other criminal illegal aliens.”
Other reactions were far more negative. Democratic Governor of California Gavin Newsom said, “Trump’s hand-picked Supreme Court majority just became the Grand Marshal for a parade of racial terror in Los Angeles.” The decision has created a major cause for concern within the Hispanic community — including those who are American citizens — as they can now be rightfully detained at any moment.
The past few weeks have seen a surge of immigration agents in sanctuary cities with high Hispanic populations. Under the new Trump administration, more than 400 thousand immigrants have been deported so far. The new decision now gives greater protection to broad-sweeping public raids and detainments. With this, the nation can expect an even greater surge in the appearance of ICE agents in their cities.