Yes.
On Sept. 8, 2025, the U.S. Supreme Court temporarily lifted a lower court’s order that prevented immigration officers in Los Angeles from stopping and questioning people based solely on race or ethnicity, language or type of work, court documents show.
The 6-3 decision reinstated immigration operations while a lawsuit by plaintiffs challenging them continues in lower courts. Justices Sonia Sotomayor, Ketanji Brown Jackson and Elena Kagan dissented.
The Supreme Court’s decision was an emergency order, not a final ruling, on whether such stops are constitutional.
Justice Brett Kavanaugh wrote that apparent ethnicity can be considered a “relevant factor” in immigration enforcement, while Sotomayor wrote the practice violates the Fourth Amendment protecting people from arbitrary interference by law officers.
Immigrant advocacy groups, lawmakers and others who oppose the practice say the SCOTUS emergency stay authorizes racial and ethnic profiling.
There have been no new rulings as of Oct. 28, 2025.
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Editor’s Note: El Paso Matters partners with Gigafact to produce “fact briefs” that examine claims about issues shaping our community.
Sources
- 25A169 Noem v. Vasquez Perdomo (09/08/2025) page 17
- American Immigration Council Article
- Associated Press Article
- ACLU Press Release
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