The United States Supreme Court OKs racial profiling in ICE raids, on the basis of bigoted reasoning.

On Sept. 8, the U.S. Supreme Court allowed ICE to resume racially profiling all Latinos in Los Angeles under the suspicion that they might be “illegal” immigrants. The vote was 6-3, along party lines, with Justice Brett Kavanaugh writing about the reasoning in Noem v. Perdomo.

The issue emerged at the height of Trump’s attack on LA, when multiple citizens reported that ICE was rounding up anybody who was Latino, or looked Latino, for questioning. Racial profiling is unconstitutional (or was, until Sept. 8) and people sued, including the named plaintiff in this case, Pedro Vasquez Perdomo. A District Court judge issued an injunction prohibiting the raids in July; the Trump administration appealed that injunction to the Supreme Court.

In a rare example of honesty from this administration, it admitted that it was racially profiling Latinos, and promised to do so again if the Supreme Court lifted the injunction.

Kavanaugh uses classic bigoted reasoning. He claims that it is just “common sense” to stop Latinos who look like they might be in low-wage jobs and question their immigration status. This is only “common sense” to racist people.

This is only “common sense” to racist people.

He goes on to characterize the stops as no big deal. He writes: “Moreover, as for stops of those individuals who are legally in the country, the questioning in those circumstances is typically brief, and those individuals may promptly go free after making clear to the immigration officers that they are U.S. citizens or otherwise legally in the U.S.” As if it’s just a polite conversation where, as long as you answer the questions correctly, you do not end up on a plane to Uganda. What could possibly go wrong?

Kavanaugh knows he’s lying here. You can tell by his word choices. He says stops are “typically brief,” which means he knows full well that sometimes they are not. He says that people can go free “after making it clear” that they are U.S. citizens, but glosses over what “making it clear” actually means. Does anybody reasonably think Brett Kavanaugh is carrying around his birth certificate in his wallet? He doesn’t have to. He thinks his proof of citizenship is plastered all over his face.

In a dissent, Justice Sonia Sotomayor writes: “The government, and now the concurrence, has all but declared that all Latinos, U.S. citizens or not, who work low wage jobs are fair game to be seized at any time, taken away from work, and held until they provide proof of their legal status to the agents’ satisfaction.” She explains that the Constitution “prohibits exactly what the government is attempting to do here.”

The government literally admits that its intention is to conduct law enforcement through racial profiling, and Kavanaugh calls it “common sense.”

This administration and this court can be stopped. But it’s going to take all of us rising together. Otherwise, it’s just going to be ICE raids all the way down, in a country that turns speaking with an accent into a presumptive crime.

ELIE MYSTAL is the justice correspondent for The Nation, where this story first appeared.