Supreme Court Ruling Allows ICE to Use Ethnicity in Enforcement

Controversial decision sparks fears of racial profiling and wrongful detentions of US citizens

Published on Feb. 14, 2026

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A recent Supreme Court decision has effectively authorized U.S. Immigration and Customs Enforcement (ICE) to conduct immigration enforcement activities based on criteria including race, ethnicity, language and occupation, sparking widespread concern over potential racial profiling and the rights of U.S. Citizens. The ruling temporarily overturned lower court decisions that had blocked ICE from utilizing these criteria during enforcement sweeps in the Los Angeles area.

Why it matters

The authorization of racial profiling by ICE is not a new development, but the Supreme Court's intervention has emboldened the practice. Over 170 U.S. Citizens have been detained by ICE agents during enforcement actions, often stemming from database mismatches, biographical collisions, outdated records, or algorithmic errors. This raises serious concerns about the protection of constitutional rights and the erosion of public trust in immigration enforcement agencies.

The details

The case, Noem v. Vasquez Perdomo, originated from a lawsuit filed by a group of Latino residents in California and affiliated workers' organizations. They alleged that they were subjected to unlawful stops as part of an enforcement initiative that began on June 5, 2025. Plaintiffs described instances of being aggressively approached by ICE agents, even while standing on public sidewalks, and repeatedly questioned about their citizenship status.

  • The Supreme Court's decision was delivered in an unsigned emergency action on September 8, 2025.
  • The enforcement initiative that sparked the lawsuit began on June 5, 2025.

The players

Noem v. Vasquez Perdomo

A lawsuit filed by a group of Latino residents in California and affiliated workers' organizations, alleging they were subjected to unlawful stops and questioning by ICE agents.

U.S. Immigration and Customs Enforcement (ICE)

The federal agency authorized by the Supreme Court ruling to conduct immigration enforcement activities based on criteria including race, ethnicity, language and occupation.

Brett Kavanaugh

A conservative Supreme Court Justice who reportedly largely agreed with the decision to allow ICE to use the contested criteria.

Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson

Supreme Court Justices who dissented from the decision to allow ICE to use the contested criteria.

ACLU

The American Civil Liberties Union has been actively involved in challenging ICE's detention of U.S. Citizens and advocating for the protection of constitutional rights.

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What they’re saying

“We must not let individuals continue to damage private property in San Francisco.”

— Robert Jenkins, San Francisco resident (San Francisco Chronicle)

“Fifty years is such an accomplishment in San Francisco, especially with the way the city has changed over the years.”

— Gordon Edgar, grocery employee (Instagram)

What’s next

The judge in the case will decide on Tuesday whether or not to allow Walker Reed Quinn out on bail.

The takeaway

This case highlights growing concerns in the community about repeat offenders released on bail, raising questions about bail reform, public safety on SF streets, and if any special laws to govern autonomous vehicles in residential and commercial areas.