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Florida Atlantic University Undergraduate Law Journal

Advisor

Anita Blowers

College

Social Work and Criminal Justice

Keywords

Immigration Enforcement, Racial Profiling, Fourth Amendment, Constitutional Rights, Supreme Court, Immigration Raids, Civil Liberties, Reasonable Suspicion, Judicial Review, Emergency Docket, Immigration Law, Ethnic Profiling, Law Enforcement, Civil Rights, ICE Enforcement, CBP Authority, Due Process, Rule of Law, Constitutional Law, Equal Protection, Hispanic Communities, Immigration Policy, Search and Seizure, Judicial Activism, Executive Power, Minority Rights, Legal Precedent, Detention Practices, Government Overreach, Constitutional Violations

Document Type

Article

Abstract

On September 8th, 2025, the Supreme Court ruled in Noem v. Vasquez Perdomo, and that ruling led to the Trump administration allowing immigration officers to detain Hispanic people based on four factors. These factors include race and ethnicity, speaking Spanish or having an accent when speaking English, being present at a particular location, or having a particular job.1 This ruling is very controversial because it gives immigration officers the right to use racial profiling to justify their arrests. This type of precedent has not been seen and sets a very dangerous situation, not only for undocumented civilians but also for documented civilians. In a 6-3 ruling with the conservative judges voting in the affirmative, the court in Noem v. Vasquez Perdomo, provided no legal explanation for why it is constitutional to allow these types of actions to occur. This ruling overturned what the lower federal courts had ruled, which was that immigration officers cannot use those types of factors when stopping Hispanic-looking people without having any type of reasonable suspicion. Justice Sonia Sotomayor stated this was a “grave misuse of our emergency docket.”2 Civil and immigration rights groups have said, “such seizures look less like lawful arrests and more like brazen, midday kidnappings.”3 These acts by Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) under this administration are unconstitutional under the Fourth Amendment. This article will analyze how this ruling is affecting U.S. citizens, and how the Supreme Court disregarded the rule of law in helping this administration with its unconstitutional immigration raids.

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