4th Amendment will no longer protect you

Thanks to the Supreme Court, now there is no real limit on police seizures. People of color, including many immigrants, will bear the brunt of this policing regime.

- DANIEL HARAWA AND KATE WEISBURD GUEST CONTRIBUTORS

DAVID MCNEW Getty Images POLICE amassed in Phoenix in 2017 for crowd control as protesters opposed racial profiling.

EARLIER THIS MONTH, the Supreme Court rendered obsolete the 4th Amendment’s prohibition on suspicionless seizures by the police. When the court stayed the district court’s decision in Noem vs. Vasquez Perdomo, it green-lighted an era of policing in which people can be stopped and seized for little more than how they look, the job they work or the language they speak.

Because the decision was issued on the Supreme Court’s “shadow docket,” the justices’ reasoning is unknown. All we have is Justice Brett M. Kavanaugh’s solo concurrence defending law enforcement’s use of race and ethnicity as a factor in deciding whom to police, while at the same time playing down the risk that comes with every stop — prolonged detention, wanton violence, wrongful deportation and sometimes even death. As Justice Sonia Sotomayor said in her impassioned dissent (joined by Justices Elena Kagan and Ketanji Brown Jackson): “We should not live in a country where the Government can seize anyone who looks Latino, speaks Spanish, and appears to work a low wage job.” But now, we do.

The practical effect of this decision is enormous. It strips away what little remained of the guardrails that prevented police (including agents of Immigration and Customs Enforcement) from indiscriminately seizing anyone with only a flimsy pretext.