US Supreme Court rules immigration agents can now racially profile people
US Supreme Court rules immigration agents can now racially profile people
Immigration officials will now be able to profile people in Los Angeles, California, based on their skin colour, accent and the language they speak, according to a US Supreme Court ruling on Monday.
The decision overrides a temporary restraining order by a Los Angeles judge that banned federal agencies, including the Department of Homeland Security, from having “roving patrols” that can detain people without reasonable suspicion based solely on their apparent race or ethnicity; speaking Spanish or English with an accent; presence in a particular location like a bus stop, car wash, or agricultural site or the type of work a person does.
In the 6-3 ruling, Justice Brett M Kavanaugh wrote a 10-page opinion to explain the decision, saying illegal immigration “is especially pronounced” in the Los Angeles area.
“About 10 percent of the people in the Los Angeles region are illegally in the United States - meaning about 2 million illegal immigrants out of a total population of 20 million,” he wrote.
He said that “immigration officers ‘may briefly detain’ an individual ‘for questioning’ if they have ‘a reasonable suspicion, based on specific articulable facts, that the person being questioned ... is an alien illegally in the United States.’”
He said such stops are reasonable and legal based on the “totality of the circumstances”.
Justice Sonia Sotomayor, who dissented, called the decision “another grave misuse of our emergency docket.
“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”.
Lawyers at the American Civil Liberties Union of Southern California slammed the decision.
“This decision is a devastating setback for our plaintiffs and communities who, for months, have been subjected to immigration stops because of the color of their skin, occupation, or the language they speak,” said senior staff attorney Mohammad Tajsar in a public statement.
“In running to the Supreme Court to request this stay, the government made clear that its enforcement operation in Southern California is driven by race."
The statement continues with a promise to continue "fighting" the "racist" scheme.
"We will continue fighting the administration’s racist deportation scheme to ensure every person living in Southern California - regardless of race or status - is safe.”
The case is ongoing in lower courts and could again be appealed to the highest court.
In early June, the Trump administration launched immigration raids across Los Angeles and surrounding counties. During the raids, teams of armed and masked agents pulled up to locations such as car washes, farms and parks and began seizing individuals on sight, often before asking a single question.
The raids are part of the Trump administration’s agenda to deport hundreds of thousands of undocumented migrants.
Many legal immigrants have also been detained in the raids.
