Washington, D.C. — The U.S. Supreme Court on Monday sided with President Donald Trump’s administration, allowing federal immigration agents to continue controversial “roving patrols” across Southern California, despite lower court rulings that said the practice likely violates constitutional protections.
The court’s unsigned order offered no explanation, but came over a forceful dissent from the three liberal justices—Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson—who warned the ruling paves the way for widespread racial profiling and civil rights abuses.
Controversial Tactics Resume
The case centered on aggressive immigration enforcement actions by U.S. Immigration and Customs Enforcement (ICE) agents, who allegedly stopped and interrogated Latino individuals—some of them U.S. citizens—at farms, bus stops, and other locations without reasonable suspicion.
A federal district court and the Ninth Circuit Court of Appeals had previously restricted such stops, ruling that targeting individuals based largely on ethnicity or location likely violated the Fourth Amendment. Monday’s Supreme Court ruling lifts that restriction for now, affecting seven counties in Southern California.
In a concurring opinion, Justice Brett Kavanaugh argued that ethnicity can be one of several factors used to establish “reasonable suspicion” in immigration enforcement, stating:
“Apparent ethnicity alone cannot furnish reasonable suspicion… [but] it can be a relevant factor when considered along with other salient factors.”
Kavanaugh also emphasized that ICE agents are allowed to “briefly stop the individual and inquire about immigration status.”
Sotomayor: ‘Freedoms Are Lost’
Justice Sonia Sotomayor, the court’s first Hispanic justice, issued a blistering dissent, condemning what she described as a “papers please” regime that targets people based on appearance, language, or low-wage employment.
“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,” she wrote.
Sotomayor cited internal statements from DHS officials, including Homeland Security Secretary Kristi Noem, who called the district judge an “idiot” and vowed that ICE operations would continue unchanged. She also referenced inflammatory rhetoric from ICE leadership, including promises to “go even harder now” and social media videos showing raids at car washes and farms.
“These are not brief stops,” Sotomayor wrote. “They involve firearms, physical violence, and detentions in warehouses—with no legal counsel.”
ACLU and Civil Rights Groups Condemn Ruling
The American Civil Liberties Union (ACLU), which helped lead the legal challenge, called the decision “dangerous” and said it legitimizes racial profiling under the guise of immigration enforcement.
“For anyone perceived as Latino by an ICE agent, this means living in fear of violent arrest and detention,” said Cecillia Wang, ACLU National Legal Director.
Legal, Political Implications
The ruling is the latest in a growing number of emergency appeals from the Trump administration to reach the high court since Trump began his second term in January. Many of these cases, including this one, have bypassed traditional appellate processes and arrived at the court with little public briefing or oral argument.
Sotomayor criticized the court’s increasing reliance on such shadow docket rulings, writing:
“The court’s appetite to circumvent the ordinary appellate process and weigh in on important issues has grown exponentially.”
While the ruling is technically temporary—pending a full hearing—it will be widely interpreted as a green light for aggressive enforcement tactics across the country. Immigration advocates warn it could encourage ICE agents nationwide to resume or expand similar operations, using race and language as key triggers for stops.
The Department of Homeland Security praised the ruling. DHS spokesperson Tricia McLaughlin called it “a win for the safety of Californians and the rule of law.”
What’s Next?
With the case now cleared for continued enforcement pending further litigation, immigrant communities in California brace for renewed ICE activity. Civil rights groups plan to continue legal challenges and increase public pressure on Congress to impose limits on immigration enforcement powers.
Meanwhile, national attention will turn to whether the Supreme Court takes up the case formally—and if it sets new precedent on immigration stops and racial profiling.
