Skip to Main Content

Supreme Court Clears Path for Ethnic/Racial Profiling by ICE — What We Do Now


On September 8, 2025, the U.S. Supreme Court – via its emergency “shadow docket” – has sharply curtailed protections against racial and ethnic profiling by overturning a lower court injunction that blocked ICE racial profiling targeting people based solely on race, language, neighborhood, or type of job. Many critics say that this ruling is unconstitutional. The Court has rejected racial profiling for criminal arrests of US citizens in the past. Apparently, for ICE raids – the Court does not think immigrants need racial discrimination protection.

Case Overview: Noem v. Perdomo

The name of the case is Noem v. Perdomo (also styled Vasquez-Perdomo v. Noem).

In the Court’s 6–3 decision, the temporary restraining order lifted. Some Justices suggested that factors like ethnicity and accent may, when paired with other indicators, amount to “reasonable suspicion,” rather than requiring probable cause. In a powerful dissent, other Justices warned that this ruling permits sweeping ICE racial profiling and undermines basic constitutional rights.

ICE targeting by race or language has increased since the Supreme Court’s decision here, raising concerns about civil rights violations due to heightened ICE racial profiling.

Reaction from Civil Rights Advocates

Civil rights advocates immediately condemned the decision, calling it a dangerous precedent that legitimizes unconstitutional targeting of immigrants based on appearance, language, or employment. Community leaders are alarmed by the rise in racial bias in ICE enforcement, especially in immigrant neighborhoods.

Real-World Impact: ICE Raids in Los Angeles

Since the summer, thousands of ICE arrests have already been documented in Los Angeles. This shows the real-world consequences of suspending these legal safeguards, including increased ICE racial profiling.

Undocumented Workers and the T-Visa

Legal experts warn that race-based immigration raids put both noncitizens and U.S. citizens at risk of unlawful detention. Victims of ICE discrimination based on race may qualify for legal protection through a T-visa.

What Is a T-Visa — and Why It Matters If You’ve Been Exploited at Work

If you’ve experienced serious exploitation—like forced labor, trafficking, or abuse—while working in the U.S., there’s a federal protection you should know about: the T-visa. This immigration remedy allows certain noncitizens to remain lawfully in the U.S., even amid aggressive ICE enforcement.

Why File for a T-Visa?

It offers legal status and protection from deportation, potentially helping you avoid ICE detention.

You may become eligible for work authorization, healthcare, and other vital services.

It empowers survivors to cooperate with law enforcement against traffickers while safeguarding their safety.

How Shepelsky Law Group Can Help

Evaluate Eligibility

We assess whether your circumstances—such as coercive work conditions, trafficking indicators, or other exploitation—qualify under T-visa criteria.

Prepare Supporting Evidence

We collect documentation, affidavits, law enforcement statements, medical or psychological reports, and other evidence to demonstrate your victimization and cooperation with authorities.

Draft Your Application

We complete the T-visa petition forms, including the supplementary statements and confidentiality requests.

Submit & Track

We submit your application and follow your case through approval, including applying for work authorization and eventually permanent residency.

Defend Your Rights

In the wake of the Supreme Court’s ruling, the risk of ICE detention and racial profiling has increased, especially for vulnerable communities. A pending or approved T-visa offers crucial protection and peace of mind.

The Bottom Line: Your Rights and Risks

The Supreme Court’s recent ruling removes important safeguards, enabling ICE to carry out raids based on race, language, or work. This makes immigrants and their families more vulnerable than ever.

If you’ve experienced exploitation at work and fear the threat of ICE enforcement, applying for a T-visa could provide a vital legal shield.

Call Shepelsky Law Group today at (718) 769-6352 or visit www.shepelskylaw.com to schedule a confidential consultation. We fight for immigrants, families, and survivors—protecting your rights and your future.