Critics upbraid court on ethnicity decision

Outrage follows ruling to allow immigration agents to stop people based in part on race.

- BY DAVID G. SAVAGE, MICHAEL WILNER AND ANDREA CASTILLO

DEMONSTRATORS in L.A. on Monday protest the Immigration and Customs Enforcement crackdown.

Fifty years ago, the Supreme Court ruled unanimously that U.S. Border Patrol agents violated the Constitution when they stopped a car on a freeway near San Clemente because its occupants appeared to be “of Mexican ancestry.”

The 4th Amendment protects Americans from unreasonable searches, the justices said then, and a motorist’s “Mexican appearance” does not justify stopping them to ask about their immigration status.

But the court sounded a decidedly different note on Monday when it ruled for the Trump administration and cleared the way for stopping and questioning Latinos who may be here illegally. By a 6-3 vote, the justices set aside a Los Angeles judge’s temporary restraining order that barred agents from stopping people based in part on their race or apparent ethnicity.

"Apparent ethnicity alone cannot furnish reasonable suspicion,” said Justice Brett M. Kavanaugh. “However, it can be a relevant factor when considered along with other salient factors.”

Critics of the ruling said it had opened the door for authorizing racial and ethnic bias.

UCLA law professor Ahilan Arulanantham called it “shocking and appalling. I don’t know of any recent decision like this that authorized racial discrimination.”

Arulanantham noted that Kavanaugh’s writings speak for the justice alone, and that the full court did not explain its ruling on a case that came through its emergency docket.