The landscape of immigration enforcement in the United States has shifted following a Supreme Court decision that allows federal agents to consider factors like appearance and language when conducting detentions. This ruling has sparked concern within the Hispanic community, as it potentially broadens the scope of racial profiling by Immigration and Customs Enforcement (ICE).
What Factors May Lead to ICE Detention?
Whereas the Trump administration has stated its focus is on deporting undocumented immigrants with criminal records, recent ICE actions have included the detention of individuals without criminal histories but with irregular immigration status. The Supreme Court decision, reached at the end of 2025, permits ICE agents to make detentions based on factors previously considered problematic and potentially violating the Fourth Amendment of the U.S. Constitution.
1. Physical Appearance and Racial Profiling
The Court has affirmed that physical appearance, including traits associated with Latino individuals or darker skin tones, can be sufficient grounds for agents to investigate a person’s documentation status. This means appearance can be used as a factor in stopping and questioning individuals.
2. Language and Manner of Speech
The language a person uses can as well influence ICE decisions. Hearing someone speak Spanish or a language other than English may be interpreted as an indication of potential irregular immigration status. Speaking English with a foreign accent may also be considered. Although, not speaking English is not a legal basis for deportation, but it can justify a migration investigation by ICE.
3. Presence in Certain Locations or Sectors
The location or type of employment can also be considered. Individuals may be detained or questioned simply for being in places like construction sites, car washes, fields, or public transportation stops. Specifically, ICE may focus on locations such as car washes, construction sites, agricultural fields, bus stops, meat processing plants, day labor hiring sites, warehouses, hotels, and manufacturing plants, as these are frequently visited by immigrant communities.
4. Information Sharing with Local Authorities
ICE maintains access to databases shared with state and local police agencies. When a person is arrested for a minor infraction, their fingerprints can be automatically compared to immigration records.
5. Arrests Without a Warrant
ICE agents can make arrests without a warrant if they believe there is “reasonable suspicion” that a person is in the country illegally.
Frequently Asked Questions
What is the basis for the Supreme Court’s decision?
The Court reversed rulings from lower courts that had blocked ICE from making detentions based on appearance, language, or location. Justice Kavanaugh explained in a separate document that ethnicity “can be a relevant factor” when combined with other elements to justify suspicion.
What was the dissenting opinion in this case?
Justice Sonia Sotomayor, joined by Elena Kagan and Ketanji Brown Jackson, warned that the decision puts constitutional liberties at risk, stating, “We should not live in a country where the government can stop anyone who looks Latino, speaks Spanish, or works a low-wage job.”
What was the Trump administration’s stated goal regarding deportations?
The Trump administration’s stated goal is to deport undocumented immigrants with criminal records, though recent ICE actions have included the detention of individuals without criminal histories.
As ICE implements these changes, it remains to be seen how these expanded authorities will be applied in practice and what impact they will have on communities across the United States.
