“Noem v. Perdomo is not a normal case. Instead of disavowing the apparently unconstitutional behavior at its core, the Trump administration is openly embracing that behavior and urging the justices of the U.S. Supreme Court to do the same. It is the rare case in which both the government and its opponents agree that federal agents behaved in a specific way; the two sides only disagree about whether the specific behavior should count as good or bad.
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according to the emergency application to SCOTUS signed by Solicitor General John Sauer, “apparent ethnicity can be a factor supporting reasonable suspicion in appropriate circumstances.” Translation: If a federal agent thinks that someone “looks illegal,” the agent should be free to seize that person based only on his “apparent ethnicity” without setting off any sort of Fourth Amendment alarm bells.
Furthermore, in response to the argument that the federal government’s alleged racial profiling has resulted in an overly broad dragnet that inevitably ensnares innocent U.S. citizens, the Trump administration told the Supreme Court that “the high prevalence of illegal aliens should enable agents to stop a relatively broad range of individuals.”
Take a moment to let that sink in. The Trump administration wants the Supreme Court to give its blessing to a kind of systematic racial profiling that involves federal agents stopping a “broad range of individuals” based exclusively on factors such as the individuals’ “apparent ethnicity.” And if the rights of U.S. citizens—such as the Fourth Amendment right to be free from unreasonable searches and seizures regardless of your skin color—happen to get trampled along the way, the Trump administration’s message to those victimized citizens is this: tough luck.”