CA23: The Supreme Court’s New Hobby: Legalizing Racial Profiling (Now With Congressional Backers)

Apparently, the Supreme Court decided ICE agents weren’t harassing enough people. Because in 2025, the gravest threat to American liberty isn’t corporate monopolies or political corruption—it’s the horrifying possibility that federal agents might not have free rein to stop every brown person within a 20-mile radius of San Bernardino. Crisis averted.

In their latest stunt, the justices blessed Trump’s immigration raids, giving ICE the authority to stop people for the crime of being brown on a Saturday night.  That’s not exaggeration—that’s the standard they just endorsed. For them, racial profiling is less a constitutional violation and more of a nostalgic throwback to the good ole Bracero days.

ICE agents can now storm into job sites, grocery stores, bus stops, or even schools, and point to someone’s language or skin color as justification. Parents dropping their kids off at elementary school now live with the gnawing fear that a routine morning could end in detention and deportation. Construction crews brace for raids that scatter families. Domestic workers keep glancing over their shoulders when they head to work. The Court calls it “enforcement discretion.” Communities call it terror.

Let’s talk about Representative Jay Obernolte, because he offers a perfect case study in modern conservative immigration messaging. His stance is classic modern Republican triangulation. Hard rhetoric on the undocumented, border crossings, and law enforcement. Selective openness toward a narrow class skilled immigrants, especially in sectors that benefit elite constituencies.

Obernolte’s stance of supporting harsh enforcement for some, leniency for a select few—mirrors the authoritarian impulse behind the Court’s decision. Both say: rights are not universal. They are privileges doled out by whichever power structure is in charge.

The Founding Fathers didn’t establish the Constitution so ICE could shake down workers in San Bernardino. This isn’t about law—it’s about power. It’s about normalizing suspicion as a way of life, especially for people whose existence already makes the ruling class uncomfortable.

So, congratulations to the Supreme Court and Mr. Obernolte. You’ve made life a little easier for ICE, a little more comfortable for racists, and a lot more terrifying for immigrant families who simply wanted to live and work in peace. For the rest of us, you’ve made America less free, less just, and less recognizable.