Supreme Court allows racially profiling immigration raids to continue in Southern California—for now

Supreme Court allows racially profiling immigration raids to continue in Southern California—for now
Federal agents outside the Federal Building in Santa Ana on June 9, 2025. (Daniel Diaz/The Santanero)

WASHINGTON, D.C. — In a 6-3 party-lined decision Monday, the U.S. Supreme Court has allowed racially profiling federal immigration raids in Southern California to continue, pausing a lower court’s order that found the operations likely unconstitutional earlier this summer. Despite the temporary restraining order in place, ICE continued to violate it through July and August.

The Court stepped in before the Ninth Circuit’s scheduled September 24 hearing in Noem v. Vasquez Perdomo, agreeing with the government’s claim that every day under the injunction caused irreparable harm to immigration enforcement. The dissenting justices, however, warned that the raids amounted to racial profiling of people “who look Latino, speak Spanish, and appear to work a low-wage job.”

Local response

Nearly a dozen elected officials have released statements. Click below to read each statement:

Mayor Valerie Amezcua

"I am extremely disappointed and concerned by the U.S. Supreme Court’s ruling today that allows U.S. immigration officers to continue to make stops based solely on a person’s location, the type of work they do, the language they speak, or their apparent race or ethnicity.

The City of Santa Ana stands behind its decision to join this lawsuit against the federal government challenging these unconstitutional and unlawful immigration enforcement actions. Respecting constitutional rights is not optional — it is fundamental to good governance and community safety.The Santa Ana City Council is committed to safeguarding the rights, dignity, and safety of all its residents. While immigration enforcement remains a federal responsibility, such enforcement must always be conducted lawfully and with full respect for the civil rights of every individual, regardless of immigration status.

The Supreme Court’s ruling to lift the pause on these enforcement actions will only continue until the case goes before the Ninth Circuit Court of Appeals, where we will continue to advocate for the constitutional and civil rights of all people in Santa Ana."

Mayor Pro Tem/Ward 2 Councilmember Benjamin Vazquez

No sole-statement, but did collaborate with Ward 5 Councilmember Johnathan Ryan Hernandez, Ray Diaz, and Carlos Perea of the Harbor Institute for Immigrant and Economic Justice and current Police Oversight Commissioner who wrote:

"The Supreme Court just legalized racial profiling. This was never about law and order. It's open season on Latinos. This is a hard reminder that every time a community has been denied rights, dignity, and humanity, it was always 'legal.' This is systemic."

Perea added below in the caption, "The Supreme Court has set a dangerous precedent for racial profiling. It's open season for Latinos under this fascist administration.

Cities like Santa Ana have been under attack and this will just continue to embolden racist actions by Trump and his administration.

For elected officials, this is not the time to play it "safe." Trump won't spare your communities if you keep your "head down." Be bold and fight for your constituents."

Ward 1 Councilmember Thai Viet Phan

No statement published or issued as of publish (Sept. 9, 2025 // 6:00 AM)

Ward 3 Councilmember Jessie Lopez

"The Supreme Court's decision to allow federal agents to stop people based on appearance, language, or perceived job status is a direct attack on civil rights—and on our communities.

Let's be clear-this isn't about public safety. It's about targeting Latinos and anyone who doesn't look or sound like Trump's idea of an American. It's about using fear as a tool to control, intimidate, and harm people of color-whether they are immigrants, citizens, or simply speaking Spanish on the street. Justice Brett Kavanaugh, writing in support of the majority, even said that "a person's ethnicity can be a relevant factor" in stops. That means someone's heritage or features can now be treated as suspicious by federal agents. That is not justice-it's government-sanctioned profiling.

Justice Sotomayor called this what it is—unconstitutional, unjust, and dangerous. In her dissent, she warned that Latinos-citizens and non-citizens alike-are now "fair game to be seized at any time," forced to prove their right to exist in public spaces. I won't mince my words. The Supreme Court majority just gave Trump's secret police force the green light to sweep through our streets, targeting families, workers, and even children.

To my community, I understand the fear and frustration this decision brings. I want you to know that I'm committed to standing with you and pushing back against this abuse of power-at every level, and every step of the way.

We will not be silenced. We will not be pushed out of our home. And we will not stop fighting for a better future. This fight is far from over-and our resolve and commitment to each other has never been stronger."

Lopez added on her Instagram post: "Councilwoman Lopez's statement on today's Supreme Court decision allowing ICE to resume discriminatory raids that terrorize families under the false guise of public safety. #SantaAna"

Ward 4 Councilmember Phil Bacerra

"I am disappointed in the U.S. Supreme Court's decision on Monday that allows ICE officers to stop people based on how they look, what language they speak, or what kind of job they have. The Court's decision enables abuse and discrimination by ICE officers, which makes everyone in our community less safe. The enforcement of immigration laws in our nation must not sacrifice fairness and civil rights."

Ward 5 Councilmember Johnathan Ryan Hernandez

No sole-statement, but did collaborate with Mayor Pro-Temp and Ward 2 Councilmember Benjamin Vazquez, Ray Diaz, and Carlos Perea of the Harbor Institute for Immigrant and Economic Justice and current Police Oversight Commissioner who wrote:

"The Supreme Court just legalized racial profiling. This was never about law and order. It's open season on Latinos. This is a hard reminder that every time a community has been denied rights, dignity, and humanity, it was always 'legal.' This is systemic."

Perea added below in the caption, "The Supreme Court has set a dangerous precedent for racial profiling. It's open season for Latinos under this fascist administration.

Cities like Santa Ana have been under attack and this will just continue to embolden racist actions by Trump and his administration.

For elected officials, this is not the time to play it "safe." Trump won't spare your communities if you keep your "head down." Be bold and fight for your constituents."

Ward 6 Councilmember David Penaloza

"Today's 6-3 Supreme Court ruling lifting restrictions on ICE raids in Los Angeles is a grave step backward for civil rights and constitutional protections. By allowing immigration agents to target people based on race, language, or occupation, the Court has effectively sanctioned racial profiling and fear in immigrant communities. As Justice Sotomayor warned in her dissent, no one in this country should be subject to seizure simply because they "look Latino" or "speak Spanish." This decision undermines due process and public trust while putting hardworking families and even U.S. citizens at risk.

My office stands firmly with our immigrant communities, and I have directed our City Attorney's Office to stay on top of this case and pursue every legal remedy still available to protect ALL our residents. Today, the City of Santa Ana also joined an Amicus Brief in the Newsom v. Trump case regarding the federalization of the National Guard. We will continue to fight this battle on every front, legal, legislative, and moral, because dignity, fairness, and constitutional justice must apply to ALL."

Penaloza added on his Instagram post: "The Judicial branch of our government was the last line of defense. ALL three branches of our US Government have failed our country, its people, and the United States Constitution, from what they were designed by our founding fathers to do. #SCOTUS"

Assemblymember Avelino Valencia (D-68)

"The Supreme Court has sent a clear message to our families and neighbors that discrimination is acceptable at the highest level of our justice system.

By clearing the way for these raids, law enforcement can target people for how they look, the language they speak, or the jobs they do. Families are being torn apart, communities like mine live in fear, and the promise of equal protection under the law has been broken. Our nation was built on the idea of freedom and justice for all, not fear, not discrimination, and not cruelty."

California State Senator Tom Umberg (D-34)

No statement published or issued as of publish (Sept. 9, 2025 // 6:00 AM)

California Governor Gavin Newsom (D)

"@realDonaldTrump's hand-picked SCOTUS majority just became the Grand Marshal for a parade of racial terror in LA. His administration is targeting Latinos - and anyone who doesn't look or sound like @StephenM's idea of an American — to deliberately harm our families and economy.

In a separate Tweet, Newsom said, "Trump's private police force now has a green light to come after your family.Every person is now a target. California will continue to do all we can fight these abhorrent attacks on Californians."

U.S. House of Representative Lou Correa (D-46)

No statement published or issued as of publish (Sept. 9, 2025 // 6:00 AM)

U.S. Senator for California Alex Padilla (D)

"The administration has said it themselves: they are detaining people simply based on whether they "look" like an immigrant, on the language they speak, or where they work. Today's radical Supreme Court decision tramples on our Constitution and enables racial profiling to continue without explanation.

Trump isn't just targeting violent criminals, he's sweeping up hardworking people - including U.S. citizens - indiscriminately. And he's sowing fear and damaging our economy in the process.

This is not the final say. There is still time for the Courts to stop this blatantly racist policy from threatening the basic freedoms of Americans and immigrants alike."

U.S. Senator for California Adam Schiff (D)

No statement published or issued as of publish (Sept. 9, 2025 // 6:00 AM)

SAUSD School Board President Hector Bustos

"Today, in a 6-3 ruling, the Supreme Court sided with the Trump administration and gave the green light for federal immigration raids in Southern California to resume without meaningful reasonable suspicion. This decision effectively sanctions racial profiling, targeting people for how they look, the language they speak, or the jobs they hold. It strips away basic constitutional protections and normalizes discrimination against immigrant communities who already live under constant fear and surveillance.

The Court's conservative majority has once again advanced Trump's authoritarian agenda and abandoned its responsibility as a check on executive power. Instead of defending the rights of people against government overreach, the majority has turned its back on the very principles of equal protection and due process. Justice Sotomayor's dissent was clear and devastating: this ruling paves the way for government agents to seize "anyone who looks Latino, speaks Spanish, and appears to work a low-wage job." That is not justice. It is legalized discrimination and it has no place in a democracy.

As Board President, I want our families to know that our schools will remain safe havens. We will not allow fear to dictate who belongs in our classrooms or silence the voices of our immigrant students and families. Our district will continue hosting Know Your Rights workshops, providing staff trainings, and connecting families with resources and mental health support. We will remain vigilant and ensure that our campuses are places of safety, learning, and belonging.

This ruling is wrong. It is racist. It is dangerous. And it sends a chilling message to millions of immigrant families across the nation. But our district stands firm, with dignity, with courage, and with our immigrant community, today and always. We will resist policies rooted in hate, and we will continue to fight for the rights, safety, and humanity of every child and every family who calls this community home.

In solidarity and in defense of our community, Hector Bustos"

What was the case about?

Earlier this summer, federal agents launched “Operation At Large,” a series of raids at car washes, farms, bus stops, and other public sites across Orange County and the Greater Los Angeles area. Armed and masked immigration officers detained nearly 2,800 people in June alone.

The Central District of California issued a temporary restraining order on July 11, concluding that agents were making seizures “based solely upon” four factors:

  • Race or ethnicity
  • Speaking Spanish or accented English
  • Presence in certain locations
  • Type of work

The district judge found this practice likely violated the Fourth Amendment’s ban on unreasonable seizures. The government then appealed, and the Supreme Court intervened to stay (suspend) the lower court’s order while litigation continues.

The Majority’s view

Justice Brett Kavanaugh, concurring in the Court’s order, emphasized that immigration officers are authorized to make brief investigative stops when they have “reasonable suspicion” someone is unlawfully present.

He pointed to the high numbers of undocumented immigrants in Los Angeles and common patterns of work and gathering places.

“Under this Court’s precedents, not to mention common sense, those circumstances taken together can constitute at least reasonable suspicion of illegal presence in the United States,” Kavanaugh wrote.

He further warned of the harm to federal enforcement if the injunction were left in place.

“Any time that the Government is enjoined by a court from effectuating statutes enacted by representatives of its people, it suffers a form of irreparable injury.” — Justice Brett Kavanaugh

The Dissent

Justice Sonia Sotomayor, joined by Justices Elena Kagan and Ketanji Brown Jackson, issued a forceful dissent. She described the raids as a pattern of racial profiling and constitutional violations.

“We should not have to live in a country where the Government can seize anyone who looks Latino, speaks Spanish, and appears to work a low wage job.”
— Justice Sonia Sotomayor

Sotomayor recounted declarations from U.S. citizens who were harassed during Operation At Large. One man was forced against a fence and interrogated despite showing his state-issued ID. Another was driven to a warehouse for questioning even after producing proof of U.S. citizenship.

She argued that the lower court acted appropriately in blocking such practices, noting its finding that stops based solely on the four enumerated factors could not amount to reasonable suspicion.

“Officer[s] cannot rely solely on generalizations that, if accepted, would cast suspicion on large segments of the law-abiding population,” Sotomayor wrote.

What happens next?

The ruling allows immigration agents to continue racially profiling during raids while the Ninth Circuit hears the appeal on Sept. 24th.

If the Ninth Circuit upholds the restrictions and the Supreme Court declines review, the government would be forced to abandon these broad raid tactics in California and beyond. But given the 6–3 stay decision, it’s very likely the Supreme Court would take the case and decide it themselves (sort of again).

“The Judiciary does not set immigration policy or decide enforcement priorities… We merely ensure… that the Executive Branch acts within the confines of the Constitution and federal statutes,” Kavanaugh underscored.

But Justice Sotomayor countered that the Court’s intervention undermines those very constitutional protections.

“Rather than stand idly by while our constitutional freedoms are lost, I dissent,” Sotomayor wrote.