Is Racial Profiling Legal Now?

Photo via Wikimedia Commons.

October, 2025

By Diana Villanueva-Zamora, Editor in Chief

On September 8th, the Supreme Court issued a controversial ruling that lets ICE agents use descriptors like race, language, or job type, when stopping people. This decision has brought fear to immigrant and minority communities and has sparked arguments about civil rights, safety, and how it affects students’ everyday lives. 

Who does this new update target?

Although the ruling technically applies ICE’s enforcement powers, especially in Los Angeles and the Ninth Circuit, its implications reach far beyond that region. ICE agents now have discretion to stop individuals based on their appearance, language, or occupation. These are factors that critics argue will disproportionately target mainly Latino, Black, Indigenous, and other communities of color. This policy does not categorically exempt U.S. citizens, permanent residents, or legal residents. Legal observers warn people who “look Latino/Hispanic,” speak Spanish or accented English, or work in low wage jobs often held by immigrants can be singled out even if they have valid legal status. 

How does this new update affect people in our community?

For many residents in neighborhoods with large migrant or mixed-status populations, the ruling has provoked anxiety and uncertainty. People report changes in behavior: avoiding public spaces, limiting what languages they speak publicly, or carrying proof of legal status even if they are citizens. Community groups warn that individuals going about every day tasks like waiting for a bus, standing outside a store, or walking home after work could now face questioning or detention simply based on how a person looks or what language they speak. 

Some legal scholars stress that while stops based solely on generalized racial assumptions are supposed to remain disallowed under federal guidance the new decision loosens overweight and makes discriminatory enforcement more plausible which could be dangerous for many people of color, some of whom have spent their entire lives in America have the risk of being sent back to their “country of origin” regardless of how many years they spent in America paying bills, taxes, and raising families. Seeing loved ones being taken away because of unjust laws in America is affecting the unity of America’s already fractured country. 

What resources are available for people who are targeted?

Advocacy organizations, immigrant legal aid groups, and civil rights lawyers are mobilizing to support those who may be stopped or detained:

  • Free legal hotlines and “know your rights” workshops: Local immigrant defense projects often host sessions and publish materials in Spanish and other languages about how to respond when approached by ICE agents.
  • Pro-bono attorneys: Nonprofits like the ACLU, immigrant rights centers, and law school clinics may offer representation or consultation about any issues with ICE. 
  • Community support networks: Local grassroots groups can offer accompaniment during encounters or help document potential abuses of power.
  • School and campus support offices: Many universities have offices for immigrant and undocumented student support that can guide students in legal, counseling or safety matters. For example at KAC, the social workers are always available for students who may be going through a tough time dealing with all the unfair changes being made by our government. 

How does this make students feel?

Among KAC students, especially since this school is mainly made up of a Hispanic demographic with mixed-status homes or immigrant families, the ruling has shown confusion, fear, and a sense of vulnerability. There is a recurring topic of students having to go grocery shopping because their parents are afraid of not being able to come back home to their families if they are questioned by ICE. An anonymous student at KAC, would like to share her opinion of this new law, said: “I feel like I have to be even more careful, you know? My mom is always scared my dad won’t come back when we get home. It’s hard to focus on schoolwork when it seems so insignificant compared to everything else going on now.”

Why was this new update implemented?

Proponents within the Department of Homeland Security and the Trump administration argue that stopping ICE from relying on observational cues would put a “hamper” on effective enforcement of immigration laws. They maintain that more flexible rules allow agents to act swiftly and broadly against undocumented individuals, reducing what they consider enforcement gaps. 

In his concurrence, Justice Brett Kavanaugh asserted that “ethnicity alone cannot furnish reasonable suspicion,” but argued that it may be one “relevant factor” when combined with other observations, such as a person’s job, their presence in areas known for day labor recruitment, or how they speak.

Critics, however, say the real motivation lies in facilitating the removal of whole populations. They argue the ruling revives profiling practices long seen as unconstitutional and undermine protections under the Fourth Amendment which goes against unreasonable searches and seizures. Civil rights groups have already condemned the decision as a glaring rollback of constitutional safeguards. “ This is a dangerous precedent,” one advocacy coalition stated, warning it “legitimizes the unconstitutional practice of targeting individuals based on their race, language, or neighborhood.”

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