Explainer

Why the Supreme Court Lifted a Ban on Migrant Profiling by ICE

A US Border Patrol agent gestures as another agent arrests a protester near the United States Citizenship and Immigration Services Santa Ana Field Office after protesters gathered following reports of ICE raids in Santa Ana, California, on June 9.Photographer: Patrick T. Fallon/AFP/Getty Images

The US Supreme Court on Sept. 8 allowed federal immigration agents in Los Angeles to resume for now using tactics that critics say amount to racial profiling. The ruling put on hold a lower court’s temporary order that barred Immigration and Customs Enforcement agents from questioning and detaining people based solely on their ethnicity, language, occupation or presence at a particular location.

The decision, which only applies to the LA area, was a major setback for rights groups that accused the Trump administration of endorsing discrimination during its crackdown on undocumented immigrants in Southern California. But it was a victory for the administration, which argued that factors such as ethnicity and occupation can play a valid role in immigration law enforcement. Now, the government can resume making stops based on these attributes while the case plays out, which could take months or longer.