Supreme Court Ruling Raises Concerns Over ICE Stops and “reasonableโ Suspicion”
A recent Supreme Court decision has sparked debate overโข the scope of immigration enforcement and potential for racial profiling.The ruling upheld a Trump administration policy allowing ICE agents to โbriefly question individuals aboutโ their immigration status, even without specificโฃ evidence of wrongdoing,โ if agents have “reasonable suspicion” of illegal presence in the โขUnited States.
The case stemmed from challenges to ICE practices in Los โAngeles, whereโค reports โขsurfaced of agents confrontingโข U.S. citizens and lawful โpermanent residents before they couldโฃ demonstrate their status,leading some to carry documentation constantly.โฃ Oneโค incident in Newโ York involved โคan individual being physically pushed โขby ICE agents before being able to present identification and afterwardโค released.
The decision has โdrawn criticismโ from legal scholars and civil rights advocates. George mason University law professor Ilya Somin called the ruling a “badly wrong direction,” highlighting what he sees as a contradiction โin upholdingโค the constitutionality of generallyโ prohibiting racial discrimination while together deeming its use “reasonable” under the Fourthโข Amendment.
Justice Sonia โฃSotomayor’s dissent underscored โฃthe potentialโ for discriminatory impact, noting โthat nearlyโค half of Greater Los โขAngeles residentsโค are Latino and Spanish-speaking.โ She wrote that the ruling would subjectโฃ “countless more” people to “indignities” like being “grabbed,thrown to the ground and handcuffed” based on appearance,accent,or occupation.
At the heartโข of the disputeโค is the interpretationโ of โ”reasonable suspicion.”โข The court has historically allowed stops and questioning based โon specific evidence suggesting a law violation. However, disagreementโค aroseโฃ over whether agentsโ could consider factors like appearing Latino and working inโ low-wage jobs – such asโ day โlaborโ or car washes – as part of that “reasonable suspicion.”
Lawyers for the Trump administration andโ Justice Kavanaugh argued that stops could be based on the “totality ofโข the circumstances,”โฃ including ethnicity and employment. They cited data suggesting approximately 10% of โคthe Los Angeles population is undocumented.White Houseโ Press Secretary Karoline โLeavitt responded to concerns about potential โฃoverreach by stating that individuals should not be โworried, and that ICE operations areโข “targeted” and basedโ onโ “lawโค enforcement intelligence.” She reiterated that the Immigration and Nationality Act allows brief questioning based on reasonable suspicion, which sheโ emphasized is โnot solely basedโฃ on race but on a thorough assessment โof the situation.
However, House Homeland Securityโ Committee Democrats countered that ICE has previously detainedโข U.S. citizens and that the Trump administration is defendingโข racial profiling, warning โthat “nobody is safe when ‘looking Hispanic’ isโ treated as probable cause.”
Tom Homan, the White House border โฃadvisor, โฃdefended โtheโ ruling and asserted that racial โprofilingโ is not occurring. โฃHe stated thatโ reasonable suspicion involves considering “a group of factors” and dismissed concerns as a “false narrative.” Heโข maintained that agents do not detain individuals withoutโข legitimate reasonable suspicion.