The Department of Homeland Security (DHS) has asked the United States Supreme Court to allow its agents to detain and interrogate individuals who speak Spanish or English with an accent as part of immigration operations.
In its request, the government claims that language can be a valid factor—along with others—to "suspect" that someone is in the country without documents.
The DHS petition seeks to suspend a federal order that prohibits basing a detention solely on spoken language, racial or ethnic appearance, type of work, or the person's location.
In its Application to Stay, DHS and the Department of Justice (DOJ) request that the Supreme Court immediately lift the restriction, arguing that it improperly limits their immigration enforcement efforts.
They argue that, in contexts where a large proportion of undocumented individuals come from Mexico, El Salvador, and Guatemala, and "many only speak Spanish," the exclusive use of this language can contribute to a legitimate assessment of immigration status.
The government states that, in many cases, agents need to conduct questioning on-site to confirm or dismiss suspicions, and that language, combined with other factors—such as the type of work or the area where the person is located—can justify that approach.
They even cite legal precedents in which the fact that a group was "only speaking to each other in Spanish" was deemed relevant within a broader analysis.
And they clarify: “No one thinks that speaking Spanish... always raises reasonable suspicion”, but they insist that in many situations, this factor, alone or in combination, can increase the likelihood that someone is illegally in the country.
The response of the plaintiffs
The plaintiffs—five workers and four community organizations—flatly reject the idea that language is a reliable indicator of immigration status.
They argue that this practice would turn millions of citizens and legal residents, whose native language is Spanish or who speak English with an accent, into suspects.
The district court supported this argument by concluding that the four factors listed by the government merely describe a “broad profile” that does not meet the constitutional standard of reasonable suspicion.
What's at stake for Spanish speakers
In states like California, where more than 10 million Spanish speakers live and where the lawsuit was filed, allowing language to be a trigger for detention and questioning would expose entire communities to indiscriminate enforcement actions.
This would affect both undocumented individuals and legal citizens and residents, creating a climate of fear that could deter many from reporting crimes or cooperating with authorities.
It goes without saying that it would also profoundly impact Florida.
A ruling in favor of the government could set a national precedent that normalizes mobile checks, interrogations at workplaces, and stops in public spaces based on linguistic observations.
"I don't want silence to be our story."
Pedro Vásquez Perdomo, one of the plaintiffs, was arrested on June 18 in Pasadena while waiting for a job at a bus stop.
According to his account, several unmarked vehicles stopped, and masked men arrested him "as if he were a criminal."
He was moved to the basement of the federal building B-18 in Los Angeles, where he shared space with 52 other people without a bathroom or hygiene facilities.
“I don’t want silence to be our story,” she said in statements gathered by EFE, where she urged others affected to report and document any abuse.
The ACLU of Southern California supports this call and reminds that the current court order remains in effect, so any questioning or detention based solely on language, accent, or appearance must be reported.
Possible scenarios
What comes next? The Supreme Court could:
-Grant the suspension and allow agents to resume questioning based on language and other factors while the litigation continues.
-Deny the request and maintain the current protection.
-Grant a brief administrative suspension while analyzing the case in detail.
What is clear is that the decision will have an immediate impact on the daily lives of millions of people who use Spanish as their primary or everyday language in the United States.
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