Does the Recent Supreme Court Decision Mean ICE Agents Can Racially Profile?
Many people are understandably concerned about what the Supreme Court’s recent decision means for immigrants and their families. Headlines can be confusing, so let’s break down what this ruling actually does — and what it doesn’t do.
What the Supreme Court Actually Said
The decision was an interim ruling, not the final word. The Court lifted a lower court’s order that had temporarily stopped ICE from carrying out certain operations in Los Angeles. This means the case now goes back through the appeals process, and eventually the Supreme Court will rule on the merits of the issue.
Racial Profiling Is Still Unconstitutional
Importantly, the Court’s decision does not say that ICE agents are free to arrest people solely because of their race. Under the Constitution, race alone cannot be the basis for reasonable suspicion or probable cause.
However, the Court did say that ICE agents may consider race alongside other factors, such as the language someone speaks or the kind of work they are doing or seeking. We believe this is a dangerous and misguided ruling, one that could embolden ICE officers to use racial profiling more aggressively.
Why This Matters in Practice
While the legal debate continues, the truth is that racial profiling by ICE is not new. For years, immigrant communities have reported discriminatory tactics. This administration has intensified enforcement, making encounters with ICE even riskier. And because it is difficult to sue federal agents for constitutional violations, many people have little recourse after being profiled or wrongfully detained.
What You Can Do if Encountered by ICE
While we cannot change this decision overnight, we can help protect ourselves and our communities. Here are practical steps:
Assert your constitutional rights if approached by ICE. You have the right to remain silent and the right to speak with a lawyer.
Carry your immigration documents with you in case you are stopped and questioned.
If someone you know is arrested, you can locate them using ICE’s online detainee locator: locator.ice.gov/odls.
In Hawaii, ICE detainees are usually sent to the Federal Detention Center in Honolulu (FDC). People held there can make phone calls and send emails, but they must request access.
Release on bond is not guaranteed. Some people may remain detained for extended periods while their case moves forward.
Always speak to an attorney as soon as possible if you or a loved one is arrested by ICE. Legal representation can make a significant difference in the outcome.
Final Thoughts
The Supreme Court’s interim decision does not give ICE a free pass to racially profile, but it does set a troubling precedent. Communities should remain alert, informed, and prepared. At Patrie Law Associates, we believe racial profiling is unconstitutional, wrong, and harmful to the fabric of our community.
If you or someone you know has been arrested by ICE in Hawaii, reach out to a qualified immigration attorney immediately to understand your rights and explore possible defenses.