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From Tom Nichols:

You there. Stop what you’re doing. Take off that tool belt and hard hat—let’s see some ID. Why? Because we don’t think you’re a citizen. Now show us your papers.

This kind of behavior by government officials is now legal in the United States.

Yesterday, the conservative majority on the Supreme Court allowed ICE officials to conduct roving patrols and use racial profiling to stop and detain people for no other reason than their skin color, the language they’re speaking, suspicions about their national origin—or, really, if immigration officials just feel like it.

But wait, you might object. The Fourth Amendment to the Constitution prohibits unreasonable search and seizure. Did the Court explain why that protection apparently no longer applies to you if you’re a day laborer or running a fruit stand?

Good luck with that: This Court’s majority doesn’t explain itself to anyone. It merely lets stand or overturns the decisions of lower courts—lately, almost always in favor of expanding the power of, and corroding any checks on, President Donald Trump.

Noem v. Vasquez Perdomo is a case from Los Angeles about whether ICE can stop people because of a suspicion of their being in the United States illegally, based solely, as SCOTUSblog summarized it, on any combination of four factors: a person’s “‘apparent race or ethnicity,’ speaking in Spanish or accented English, being present at a location where undocumented immigrants ‘are known to gather’ (such as pickup spots for day laborers), and working at specific jobs, such as landscaping or construction.”

A California district-court judge had earlier enjoined ICE from making such stops, perhaps appalled by this example:

Plaintiff Jason Brian Gavidia is a U.S. citizen who was born and raised in East Los Angeles and identifies as Latino. On the afternoon of June 12, he stepped onto the sidewalk outside of a tow yard in Montebello, California, where he saw agents carrying handguns and military-style rifles. One agent ordered him to “Stop right there” while another “ran towards [him].” The agents repeatedly asked Gavidia whether he is American—and they repeatedly ignored his answer: “I am an American.” The agents asked Gavidia what hospital he was born in—and he explained that he did not know which hospital. “The agents forcefully pushed [Gavidia] up against the metal gated fence, put [his] hands behind [his] back, and twisted [his] arm.” An agent asked again, “What hospital were you born in?” Gavidia again explained that he did not know which hospital and said “East L.A.” He then told the agents he could show them his Real ID. The agents took Gavidia’s ID and his phone and kept his phone for 20 minutes. They never returned his ID.  

In overturning the lower court’s decision, five of the Court’s six right-wing justices—there is no other reasonable way to describe them at this point—took advantage of their right to remain silent, but Justice Brett Kavanaugh gamely tried to speak up in a concurrence. If his goal was to be reassuring, he did not help matters: Such stops are usually “brief,” he explained.

In Again, I am not a scholar of the Constitution, but I had no idea that I could be deprived of my rights under the Fourth (or any other) Amendment as long as my getting roughed up takes only a few moments out of my busy day.