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Judge Finds ICE Is Racially Profiling And Orders It To Stop [1]
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Date: 2025-07-12
Yesterday a federal judge in Los Angeles ruled that ICE is racially profiling Hispanics, unconstitutionally targeting people for arrest without the Constitutionally required reasonable suspicion to do so, and that detained people are held in inhumane conditions while being unconstitutionally denied access to counsel. You can read the decision HERE.
The decision starts with the judge noting that the government agrees agents must have reasonable suspicion before detaining people, must provide adequate detention areas to detain them, and must allow even those here illegally access to counsel. The government claims that it complies with all of that. The judge found the government's claim in defiance "of a mountain of evidence presented in this case."
Rather, the judge found that "roving patrols" under the pressure of arbitrary arrest quotas (with employment consequences if not met) swept people up solely based on hispanic appears, where they worked, that they spoke with accents or only Spanish, or other factors common to people legally in America.
These masked, militarily styled roving patrols, often swept American citizens into their net who were improperly detained, and whose claims and documentation of American citizenship did not prevent their initial detention.
Weighing heavily in the judge's ruling was a simple fact. While the government claimed, generally speaking, that it only arrested people based on reasonable suspicion, the government could not articulate the specific basis for reasonable suspicion for a single plaintiff in the case.
In perhaps the ultimate in hutzpah the government argued the plaintiffs failed to identify "any one particular agent engaged in unconstitutional stops and arrests." The judge, of course, gave that no weight because "it is undisputed the agents are masked and often do not identify themselves."
Which points to perhaps the real reason they are masked. It is so they can't be identified for lawsuits such as this one. When violating the Constitutional rights of others it is prudent to do so anonymously. The masks conceal the identity of those who commit this misconduct, and even witnesses to the misconduct.
As this case illustrates, the masking also undermines the government's case against these individuals. So if your concern is that ICE be effective, you should stop supporting their wearing masks.
Now for some examples of the abusive treatment that was part of the "mountain of evidence" reviewed by the judge.
Hernandez Viramontes is an American citizen who was working a car wash where he had for 10 years. Wearing masks and without identifying themselves, ICE agents raided the car wash and demanded to know if he was a citizen. He said he was and presented them his California ID to prove it. The agents declared his ID was insufficient because it was not passport. Millions of Americans have no passport, and those of us that do don't routinely carry it around (I guess ICE figures brown people should). Viramontes was handcuffed, detained and transported to a detention center. 20 minutes later agents verified his citizenship and returned him to the carwash without an apology.
is an American citizen who was working a car wash where he had for 10 years. Wearing masks and without identifying themselves, ICE agents raided the car wash and demanded to know if he was a citizen. He said he was and presented them his California ID to prove it. The agents declared his ID was insufficient because it was not passport. Millions of Americans have no passport, and those of us that do don't routinely carry it around (I guess ICE figures brown people should). Viramontes was handcuffed, detained and transported to a detention center. 20 minutes later agents verified his citizenship and returned him to the carwash without an apology. Jason Gavidia is an American citizen who was working at a tow yard when ICE agents arrived. Agents confronted Gavidia and demanded to know if he was an American citizen. He told them he was. They repeatedly demanded to know what hospital he was born in. He told them he didn't know. Agents forced him against a fence, twisted his arms painfully behind his back and handcuffed him. Gavidia offered to show his Real ID to prove his citizenship, but agents were initially uninterested. After about 20 minutes agents finally looked at this ID and released him, but kept his ID. If this happens again he won't have that to present.
Conditions at B-18.
Those rounded up were routinely taken to a basement in the federal building, known as "B-18." B-18 has no beds, showers or medical facilities. Prisoners are held in windowless rooms so cramped they "cannot sit, let alone lie down, for hours at a time.” The judge found:
"Detainees are routinely deprived of food, and some have not even been given water other than what comes out of a combined sink and toilet in the group detention room. Upon asking for food detainees have been repeatedly told the facility has run out. Detainees are denied access to necessary medicare care and medications. Individuals with conditions that require consistent medications and treatment are not given any medical attention, even when that information is brought to the attention of the officers on duty."
In one case an attorney arrived at B-18 and presented a doctor's note confirming a prisoner's appointment for chemotherapy the next day. The attorney was not even allowed to meet with prisoner and the prisoner was not allowed to go to the chemo appointment. You have to wonder how people who do that can live with themselves.
The court found that prisoners were generally unable to meet with their attorneys, or families, and that this was in defiance of DOJ's own policies.
The government said granting the Plaintiffs' injunction would place an undue burden on it. The judge determined that an order merely requiring the government comply with the Constitution and the law cannot legally be regarded as an undue burden. The judge granted the motion and ordered the government to:
Allow prisoners in B-18 to be visited by their counsel and families.
Allow prisoners in B-18 access to phones where they can have confidential conversations.
To show cause as to why it should not be further enjoined for violating 5th Amendment rights.
To not place anyone stop anyone, or place in temporary detention, anyone without a reasonable suspicion as required by law.
When determining reasonable suspicion agents may not solely rely on the following:
Apparent race or ethnicity.
Speaking Spanish or with an accent.
Presence at a particular location (e.g. bus stop, tow yard, day laborer pick up site, agricultural site).
The type of work one does.
To be clear, ICE is not required to disregard these things, but they must have more than these things to meet the reasonable suspicion standard.
Agents must document the basis for all detentive stops including the factors supporting reasonable suspicion.
The government must develop policies and provide training to effect the requirements of the court.
An order to obey the law and Constitution. I would think even the most die hard of conservatives would support that.
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[1] Url:
https://www.dailykos.com/stories/2025/7/12/2333047/-Judge-Finds-ICE-Is-Racially-Profiling-And-Orders-It-To-Stop?pm_campaign=front_page&pm_source=more_community&pm_medium=web
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