The main recourse for challenging #racial #profiling
is through the
"Federal Tort Claims Act",
which allows people to sue the federal government
for harm caused by federal employees,
said Thomas A Saenz,
the president and general counsel at
the "Mexican American Legal Defense and Educational Fund".
But a recent supreme court rulingmay have complicated how racial-profiling allegations are handled.
In September 2025, supreme court justices allowed immigration enforcement agents in southern California to interrogate anyone who they thought may be in the country illegally,
-- and noted that perceived race or ethnicity can be a relevant factor along with others.
In recent months, the amount of people held in detention reached an all-time high.
As of 8 January 2026, ICE held 68,990 people in detention,
according to data published by the agency.
“Anytime you impose a target for a number of arrests and detention,
you’re going to encourage the use of unconstitutional shorthands like racial profiling,” Saenz said.
“It’s not at all clear that this administration cares whether they’re in compliance with the constitution or not.”