The Brian Lehrer Show SCOTUS Sides With ICE
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Sep 9, 2025 Lindsay Nash, an Associate and Clinical Professor of Law at Cardozo School of Law, dives into the recent Supreme Court ruling allowing ICE to conduct racial profiling in Los Angeles. She discusses the implications for civil rights and the troubling practices of immigration enforcement. Nash highlights the dissent from Justice Sotomayor and raises concerns about the impact on Latino communities. The conversation also touches on the disconnect between stated immigration priorities and actual practices, urging for urgent reforms in the face of growing public concern.
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Operation At Large's Four Targeting Factors
- ICE's Operation at Large targeted locations, jobs, perceived Hispanic ethnicity, and Spanish or accented English as stopping criteria.
- The district court found those four factors alone do not amount to reasonable suspicion for detentive stops.
Terrifying Detentions During Raids
- Plaintiffs described terrifying stops where armed or masked agents demanded documents and held people despite showing them.
- One person was taken to a car and driven to a warehouse before being returned.
Broad Traits Versus Particularized Suspicion
- Justice Kavanaugh relied on Brignoni‑Ponce but ignored that the targeted characteristics describe a large share of the local population.
- Nash warns that treating broad demographic traits as suspicious undermines earlier precedent requiring particularized suspicion.