In a 6-3 decision on Monday, the Supreme Court of the United States lifted restrictions on immigration enforcement patrols in Los Angeles that resulted in Latinos being detained for nothing more than racial profiling, being Latino. The decision came after a lower court barred federal agents from indiscriminately targeting people based on where they live and work, alongside targeting people based on their racial or ethnic appearance or speaking Spanish.
Various civil liberties, Latino, and immigrant rights groups warned that the court legalized racial profiling by allowing federal agents to stop people in Los Angeles, where more than 40% of the population is immigrant, for nothing more than having an accent. The detentions have ensnared many U.S. citizens who happen to be in the immediate area where an Immigration and Customs Enforcement (ICE) raid occurs.
“When ICE agents can stop someone based on the color of their skin, occupation, or speaking Spanish, this ruling goes beyond protecting public safety – it’s a direct attack on Latinos and it enables discriminatory practices,” said Jackie Bastard, Executive Director of Jolt Action, a civic engagement group focused on building the political power and influence of young Latinos in Texas. “This ruling threatens the constitutional rights of millions of Latinos across the country who deserve to be treated with dignity and respect.”
Justice Brett Kavanaugh justified the decision, showing no concern for citizens being taken into custody or the U.S. Constitution, which offers protections for immigrants and citizens alike. The equal protection clause seems not to have the value it once did under the growing authoritarian state that the U.S. has become, particularly under Republican leadership.
“The fact remains that, under the laws passed by Congress and the President, [illegal aliens] are acting illegally by remaining in the United States – at least unless Congress and the President choose some other legislative approach to legalize some or all of those individuals now illegally present in the country,” said Kavanaugh. “And by illegally immigrating into and remaining in the country, they are not only violating the immigration laws, but also jumping in front of those noncitizens who follow the rules and wait in line to immigrate into the United States through the legal immigration process.”
While the Supreme Court’s decision is temporary until a federal judge holds a hearing later this month on whether to reimpose protections as the case makes its way through the courts, the Department of Homeland Security (DHS) under Secretary Kristi Noem celebrated the decision, saying in part that federal agents have not been racially proifiling Latinos and instead referred to their tactics as having “reasonable suspicion” of people being “illegal” immigrants.
“This is a win for the safety of Californians and the rule of law,” said Assistant DHS Secretary Tricia McLaughlin. “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 that Karen Bass continues to give safe harbor.”
Essentially, the administration is arguing that the dubious claims it makes about Latinos based on tattoos, the clothes we wear, or that we’re not white, is suspicion enough to stop and harass every one of us for as little as speaking Spanish in public. Now, with ICE threatening civilians in various Latino and Black communities across the country, such as Washington D.C., Chicago, and soon to be in Boston, many questions are being raised by the Supreme Court’s decision, essentially allowing the U.S. government to profile anyone.
I asked dozens of Democratic and Republican Latine lawmakers about this. Only a small number of Democrats replied. Here’s what those who did respond had to say.
Illinois Rep. Delia Ramirez (D-IL-03)
“We are living through a Constitutional crisis,” said Rep. Ramirez. “The highest court in our nation has ruled that racial profiling is legal. In order to appease their supreme leader, Trump, the politicized Supreme Court failed to protect Americans, the rule of law, and the Constitution,” Ramirez declared. “With every decision from this extreme court, the foundations of our multi-racial, multicultural democracy are eroded, putting our liberty and our safety at risk. It’s time to reform the court.”
California Rep. Raul Ruiz (D-CA-25)
“The Supreme Court’s temporary decision to allow people to be harassed or detained if they look or sound like an immigrant is a dangerous attack on civil rights,” said Rep. Ruiz. “No one should be harassed or detained just for their language, skin color, or the type of work they do. This ruling allows racial profiling and undermines our Constitution, and puts families, including U.S. citizens, at risk,” continued Ruiz. “It is a part of Trump’s cruel, indiscriminate mass deportations of noncriminal immigrants that separates families and hurts our economy.”
Texas Rep. Veronica Escobar (D-TX-16)
“The Supreme Court’s conservative majority decided today to permit racial profiling, betraying the Constitution and the values it’s meant to uphold,” said Rep. Escobar. “The court has effectively legitimized discrimination under the guise of law and order, given government-sanctioned racism a green light, and, again, abandoned its duty to protect the rights of all people,” continued Escobar. “This decision sends the full-throated message that Americans can be treated as suspects not because of their actions, but because of the color of their skin or the language they speak. As Justice Sotomayor said: ‘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,’” Escobar declared. “History will not remember this decision as a defense of liberty. It will be viewed as the grave failure of the highest court in the land that it is.”
Videos From the House Floor
While not every lawmaker I reached out to responded, it’s worth noting that only Democratic Latinas have spoken out on the House floor in recent days. Here are two noteworthy clips that deserve credit and attention for speaking out against the abhorrent Supreme Court decision to profile Latinos across the country.
Rep. Luz Rivas (D-CA-29)
Rep. Nannette Diaz Barragan (D-CA-44)
Conclusion
The importance of putting millions of nonwhite immigrants in danger of being unjustifiably detained should not be dismissed. The ruling can and will likely be used in the future against any marginalized groups, using slightly different qualifiers to justify racial profiling. The United States has a long history of profiling nonwhite people, bolstered by law enforcement across the country, who routinely and disproportionately target Black and Latino communities.
“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,” said Supreme Court Justice Sonia Sotomayor. “Rather than stand idly by while our constitutional freedoms are lost, I dissent.”
Given the current court appeasement of the Trump administration’s authoritarian nature, this decision highlights what far-right conservatives are willing to do in promoting racism and bigotry. The continuation of the ugly legacy of systemic racial animus in the country falls in line with the White House’s white nationalist ideology, which has been evidenced by various policies and copious amounts of executive orders targeting nonwhite groups and the LGBTQ community.
Discover more from The Antagonist Magazine
Subscribe to get the latest posts sent to your email.