Supreme Court Justice Sotomayor Criticizes Racial Profiling Decision in Strong Rebuttal

Supreme Court Authorizes Immigration Agents' Use of Racial Profiling, Sparking Dissent

In a controversial 6-3 decision, the Supreme Court has authorized immigration agents' use of racial profiling in immigration raids. Justice Sonia Sotomayor, joined by Elena Kagan and Ketanji Brown Jackson, issued a strong dissent, deeming the ruling "unconscionably irreconcilable" with the U.S. Constitution.

The case before the high court was filed in part by individuals who were stopped during immigration raids in Los Angeles. These raids, according to Sotomayor's dissent, have been marred by incidents of physical force, with agents seizing people based on their location, occupations, apparent race, or spoken language.

Sotomayor called out Justice Brett Kavanaugh for characterizing the raids as "brief stops for questioning." She stated that agents are seizing people using firearms, physical violence, and warehouse detentions. She also highlighted that countless people in the Los Angeles area have been grabbed, thrown to the ground, and handcuffed because of their looks, accents, and the fact they make a living by doing manual labor.

The dissent argues that the concurrence improperly shifts the burden onto a class of citizens to carry enough documentation to prove their freedom. Sotomayor asserts that the Constitution does not permit the creation of a second-class citizenship status based on the need for documentation. She further wrote that the Trump administration and the Supreme Court have declared that all Latinos, whether U.S. citizens or not, who work low wage jobs are fair game to be seized at any time.

Moreover, the dissent includes documented instances of Immigration and Customs Enforcement (ICE) agents in Los Angeles this year using physical force to stop people suspected of being in the U.S. illegally. The raids have also resulted in U.S. citizens being seized, taken from their jobs, and prevented from working to support themselves and their families.

Sotomayor stated that Monday's decision improperly encumbers people living in the U.S. She reiterated that it is the government's burden to prove reasonable suspicion to stop someone, a principle that the dissent upholds.

The dissent comes as protests and controversies over the legality and tactics of the raids and deploying the National Guard and military forces to the city continue to escalate. The ruling has sparked concern and outrage among civil rights groups and immigrants' rights advocates, who argue that it undermines the fundamental principles of equality and freedom enshrined in the U.S. Constitution.