Judge puts a stop to ICE: Latin appearance alone is not enough to detain a person

An agent from the Department of Homeland Security makes an arrest of a migrant.Photo © Facebook/U.S. Immigration and Customs Enforcement

A federal judge in the United States ordered immigration agents to stop making arrests based solely on Latin appearance or racial stereotypes, in a decision that sets new boundaries for the operations of federal immigration agents, including those from Immigration and Customs Enforcement (ICE) in seven counties in Southern California.

Judge Maame Ewusi-Mensah Frimpong ruled that agents must have reasonable and individualized suspicion before detaining a person for immigration reasons, rather than relying solely on their physical appearance or their apparent status as a low-income worker.

The decision, signed on October 23 and made public on Thursday the 29th, responds to a lawsuit alleging racial profiling during immigration operations under the administration of Donald Trump.

According to the original court ruling, consisting of 84 pages, having a Latino appearance, even when combined with the perception of belonging to the working class, does not in itself provide sufficient legal justification to detain someone.

Recordings and messages from agents reveal discriminatory practices

The judge based her decision on numerous pieces of evidence, including recordings from body cameras, internal communications, and testimonies regarding the detention of Latin individuals, including U.S. citizens.

According to , some messages included racial slurs against migrants, while other testimonies described operations in which agents detained Latino workers without intervening against white individuals present at the same locations.

The judge noted that the evidence suggested an unwritten but officially supported practice of detaining individuals based on their appearance as Latin or working-class Latin individuals.

He also questioned the government’s defense of its training programs while the documented actions of the agents showed possible violations of constitutional rights.

Where is the prohibition applied?

The measure includes Los Angeles, Orange, Riverside, San Bernardino, Ventura, Santa Barbara, and San Luis Obispo, the seven counties that make up the Central District of California.

However, the order does not prohibit all immigration arrests nor does it apply across the entire United States.

Agents may continue to make arrests when there are individualized legal grounds. The resolution also includes exceptions for entry ports, border checkpoints, and other locations considered equivalent to the border.

The American Civil Liberties Union (ACLU), one of the organizations that initiated the lawsuit, celebrated the decision and announced that it will monitor its compliance.

Trump's administration rejects the accusations and appeals

The Trump administration denied that its agents maintained a policy of racial profiling and appealed the decision to the Ninth Circuit Court of Appeals.

Government attorneys also questioned the interpretation of the evidence presented by the plaintiffs, as reported by El País.

The controversy has an important precedent: in September 2025, the Supreme Court suspended a previous order from the same judge that restricted immigration arrests based on certain factors, such as ethnic appearance and language.

However, the new resolution incorporates evidence obtained later during the judicial process.

Frimpong clarified that this is a preliminary measure, not a final ruling on the existence of an illegal government policy.

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CiberCuba Editorial Team

A team of journalists committed to reporting on Cuban current affairs and topics of global interest. At CiberCuba, we work to deliver truthful news and critical analysis.