Here’s the background:
After ICE ramped up its cruel and aggressive tactics in Southern California, the ACLU sued Kristi Noem and DHS, arguing that ICE’s racial profiling violates the 4th Amendment.
The 4th Amendment protects everyone in this country — regardless of immigration status — from unreasonable search and seizure. The government can’t just arbitrarily detain people without probable cause.
A federal court issued a temporary restraining order (i.e. a pause) on ICE’s use of racial profiling while the suit is litigated. But the Trump Administration asked for a special exception, and last week, the Supreme Court used its emergency docket to grant it.
The emergency docket basically fast-tracks requests to bypass the lower court system and allows the Supreme Court to hand down decisions without hearing arguments — and without offering any explanation.
So what now? Well, with this Supreme Court decision, ICE has the green light to continue using the color of your skin, the language you speak or accent you speak with, your job, or even just where you happen to be at any given moment (seriously) as cause to detain you.
It should go without saying, but I’m going to say it loud and clear: This is wrong. It’s un-American, it’s discriminatory, it’s cruel, and it’s illegal.
So what now?
First of all, it’s critical that everyone knows their rights. The National Immigrant Justice Center has a great Know Your Rights section on their website with materials in several languages. Print these out, read them, and share them.
If you’re a citizen who feels safe, one of the most helpful things you can do is spread awareness about these rights. And if you witness ICE or CBP in public, you have the right to document what you see — from a safe distance. We’ve seen in countless videos this summer that ICE is not acting with restraint. They’re forcibly pulling people from cars, holding them at gun point, or shoving them to the ground. Safely documenting these actions can help.
It’s also valuable to share the stories of people who have been wrongfully targeted and detained by ICE. Public outrage *does* have the power to make a difference in policy — we’ve already seen it several times during this administration — so raising awareness and helping those around you understand the human impact of this cruel targeting is incredibly important.
Bottom line: the Supreme Court may have greenlit racial discrimination, but we don’t have to just stand by and accept it.
In Congress, I’ll keep demanding accountability — pressing DHS for answers, showing up at detention facilities, calling out ICE’s illegal tactics, and working on legislation to ensure our constitutional rights are upheld.
But I need you with me. It’s on all of us to push back by knowing our rights, standing up for our neighbors, and refusing to stay silent.
Thanks for reading,
Sara
