What Next | Daily News and Analysis How the Supreme Court Legalized Racial Profiling
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Sep 11, 2025 
Mark Joseph Stern, a Senior Writer for Slate and co-host of Amicus, dives into a controversial Supreme Court decision that has opened the door to racial profiling in immigration enforcement. He discusses the profound implications this ruling has for Latino Americans, highlighting the chilling effects of needing proof of citizenship based on appearance. The conversation also critiques the varying philosophies of the justices, particularly Justice Sotomayor's passionate dissent, shedding light on the broader societal ramifications and ongoing legal battles faced by affected communities.
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Court Order Enables Racial Profiling
- The Supreme Court's order allows ICE to target people who look Latino or speak Spanish, effectively green-lighting racial profiling.
- This marks a significant shift from prior precedent that barred race-based suspicion in policing and immigration stops.
LA Raids Targeting Latino Gatherings
- ICE conducted raids in Los Angeles by going to Home Depots, car washes, churches, parks, and bus stops where Latino people congregate.
- Plaintiffs, including U.S. citizens, were detained and brutalized and sued the government for unconstitutional racial profiling.
Four Traits Blocked As Grounds For Arrest
- A district court injunction barred arrests based on four traits: appearing Hispanic, speaking accented English, working certain jobs, or being at immigrant gatherings.
- That injunction was modest but crucial; it prevented simple, innocent traits from justifying detention.