Supreme Court Ruling on Racial Profiling
What It Means for Our Communities
How We Got Here
For years, Immigration and Customs Enforcement (ICE) agents in Los Angeles were known to stop people who looked Latino, spoke Spanish, or worked low-wage jobs. A federal judge stepped in and blocked those tactics, saying they amounted to racial profiling and violated constitutional protections. During that block, ICE was forced to change how it operated, and the number of arrests dropped significantly.
The federal government fought back. Their argument was simple: those restrictions made it too difficult to enforce immigration law. That fight made its way to the Supreme Court, where the conservative majority sided with ICE. The ruling lifted the lower court’s ban and gave agents the green light to return to old practices.
What the Supreme Court Said
Six justices formed the majority. Justice Brett Kavanaugh explained that it is “common sense” for officers to look at language, type of job, or location when deciding if someone might be undocumented. He claimed that if someone is here legally, a quick stop would prove it, and then they would be free to go.
Three justices disagreed sharply. Justice Sonia Sotomayor, joined by Justices Elena Kagan and Ketanji Brown Jackson, wrote a fiery dissent. She warned that this ruling allows the government to stop people just because they look Latino, sound like they speak Spanish, or work in certain jobs. Her words were clear: this undermines the Fourth Amendment, which protects all of us from unreasonable searches and seizures.
What This Means Right Now
Because of this decision, ICE agents can once again stage sweeps in places like parking lots, car washes, and neighborhoods where many Latino residents live. Even U.S. citizens and legal residents may get stopped if an officer thinks they “look suspicious.” For immigrant families, that means living in constant fear of being pulled aside and questioned for no reason other than appearance or language.
Civil rights groups responded quickly. The ACLU of Southern California called the ruling dangerous, saying it forces Latino communities into a “papers-please” world. MALDEF added that Justice Kavanaugh’s reasoning relies on stereotypes and opens the door for widespread discrimination. Their warnings echo what many families already feel: that safety and dignity are now at risk.
What Happens Next
This case is not finished. It will go back to lower courts, and new arguments will be heard. But while the case moves forward, ICE has free rein to use these tactics in Los Angeles. That means the fear and uncertainty begin now, not later.
Congress could, in theory, pass laws to stop racial profiling. Unfortunately, the current political climate makes that unlikely. Until then, communities will need to rely on local organizing, legal support, and watchdog groups to track abuses.
Moving Forward Together
So what can people do? First, know your rights. You do not have to answer questions about where you were born. You do not have to show immigration papers unless you are driving. Second, stay connected. Organizations like the ACLU, MALDEF, and immigrant rights groups provide updates, resources, and legal support. Third, document and report abuses. If you are stopped unfairly, record what happened and seek help right away.
The Supreme Court ruling on racial profiling is a setback for justice, but it is not the end of the story. Courts will hear more arguments. Communities will resist. Allies will step forward. The fight is not over, because our democracy depends on ensuring that no one is judged—or stopped—based on race, language, or where they work.
Judy T.